United States v. Davila-Narvaez

This opinion is subject to administrative correction before final disposition.

Before

TANG, STEPHENS, and FOIL, Appellate Military Judges _________________________ UNITED STATES

Appellee v.

Diego F. DAVILA-NARVAEZ

Hospital Corpsman First Class (E-6), U.S. Navy Appellant

No. 201900165

Decided: 22 April 2020 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge:

Stephen Reyes

Sentence adjudged 22 March 2019 by a general court-martial con- vened at U.S. Naval Forces Japan, Yokosuka, Japan, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: re- duction to E-1, confinement for 36 months, total forfeitures, and a dis- honorable discharge. 1

For Appellant:

Lieutenant Daniel E. Rosinski, JAGC, USN.

For Appellee:

Brian K. Keller, Esq.

1 In accordance with the pretrial agreement, the convening authority suspended confinement in excess of 18 months.

United States v. Davila-Narvaez, NMCCA No. 201900165 Opinion of the Court _________________________ This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a).

_________________________ PER CURIAM:

After careful consideration of the record, submitted without assignment of error, we have determined that the findings and sentence are correct in law and fact and that no error materially prejudicial to Appellant’s substantial rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866.

The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court