United States v. Smith

This opinion is subject to administrative correction before final disposition.

Before

MONAHAN, STEPHENS, and BONNER

Appellate Military Judges _________________________ UNITED STATES

Appellee v.

Andrew G. SMITH

Machinist’s Mate Petty Officer Third Class (E-4), U.S. Navy Appellant

No. 202000190

Decided: 17 December 2020 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge:

Benjamin C. Robertson Sentence adjudged 15 May 2020 by a special court-martial convened at Naval Station Norfolk, Virginia, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 3 months, and a bad-conduct discharge.

For Appellant:

Major Brian L. Farrell, USMCR 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. Smith, NMCCA No. 202000190 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. 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