United States v. Cunningham

This opinion is subject to administrative correction before final disposition.

Before GASTON, BAKER, and HOUTZ Appellate Military Judges _________________________ UNITED STATES Appellee v. Brandon J. CUNNINGHAM Aviation Ordnanceman Second Class (E-5), U.S. Navy Appellant No. 202000193 Decided: 30 March 2021 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge: Chad C. Temple Sentence adjudged 12 June 2020 by a general court-martial convened at Naval Base San Diego, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 180 days, and a bad-conduct discharge.

For Appellant: Lieutenant Commander Megan P. Marinos, JAGC, USN For Appellee: Brian K. Keller, Esq.

United States v. Cunningham, NMCCA No. 202000193 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