United States v. Hernandez-Lebron

This opinion is subject to administrative correction before final disposition.

Before

GASTON, LAWRENCE, and STEWART

Appellate Military Judges _________________________ UNITED STATES

Appellee v.

Abdiel A. HERNANDEZ-LEBRON

Private First Class (E-2), U.S. Marine Corps Appellant

No. 202000177

Decided: 10 February 2021 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge:

Stephen F. Keane

Sentence adjudged 12 May 2020 by a general court-martial convened at Marine Corps Air Ground Combat Center Twentynine Palms, Cali- fornia, consisting of a military judge sitting alone. Sentence in the En- try of Judgment: reduction to E-1, confinement for twelve months, for- feiture of all pay and allowances for twelve months, 1 and a bad- conduct discharge.

For Appellant:

Captain Daniel J. McCoy, JAGC, USN

1 The convening authority disapproved the adjudged forfeitures as an act of clem- ency.

United States v. Hernandez-Lebron, NMCCA No. 202000177 Opinion of the Court

For Appellee:

Brian K. Keller, Esq.

_________________________ 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. 2

The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

2 Uniform Code of Military Justice arts. 59, 66, 10 U.S.C. §§ 859, 866.