United States v. Montigue

This opinion is subject to administrative correction before final disposition.

Before MONAHAN, STEPHENS, and DEERWESTER Appellate Military Judges _________________________ UNITED STATES Appellee v. Ishmil A. MONTIGUE Private First Class (E-2), U.S. Marine Corps Appellant No. 202000166 Decided: 30 October 2020 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judges: Terrance J. Reese (arraignment) Kevin S. Woodard (trial) Sentence adjudged 3 April 2020 by a special court-martial convened at Marine Corps Base Camp Lejeune, North Carolina, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 160 days, forfeiture of $1,000.00 pay per month for 4 months, and a bad-conduct discharge.

For Appellant: Captain Thomas P. Belsky, JAGC, USN For Appellee: Brian K. Keller, Esq.

United States v. Montigue, NMCCA No. 202000166 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. Uniform Code of Military Justice arts. 59, 66, 10 U.S.C. §§ 859, 866.

The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court