United States v. Deason

This opinion is subject to administrative correction before final disposition.

Before

STEPHENS, LAWRENCE, and PENNIX

Appellate Military Judges _________________________ UNITED STATES

Appellee v.

Kyler Z. DEASON

Seaman (E-3), U.S. Navy

Appellant

No. 202000096

Decided: 30 September 2020 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge:

Aaron C. Rugh

Sentence adjudged 31 January 2020 by a special court-martial con- vened at Naval Base San Diego, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: confinement for 35 days and a bad-conduct discharge.

For Appellant:

Captain Jeremiah L. Sullivan III, JAGC, USN For Appellee:

Brian K. Keller, Esq.

_________________________ This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a).

United States v. Deason, NMCCA No. 202000096 Opinion of the Court _________________________ 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. 1

The findings 2 and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

1 Uniform Code of Military Justice arts. 59, 66, 10 U.S.C. §§ 859, 866. 2 As reflected in the Entry of Judgment and pursuant to a plea agreement, the military judge dismissed a number of specifications. We note that they were dismissed with prejudice.