United States v. Smith

This opinion is subject to administrative correction before final disposition.

Before

STEPHENS, STARITA, and DEERWESTER

Appellate Military Judges _________________________ UNITED STATES

Appellee v.

Donavon L. SMITH

Lance Corporal (E-3), U.S. Marine Corps Appellant

No. 202100081

Decided: 29 September 2021 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge:

Derek A. Poteet

Sentence adjudged 19 November 2020 by a special court-martial convened at Marine Corps Base Camp Pendleton, California, consist- ing of a military judge sitting alone. Sentence in the Entry of Judg- ment: reduction to E-1, confinement for 90 days, a fine of $2,300, and a bad-conduct discharge.

For Appellant:

Lieutenant Commander R. Andrew Austria, JAGC, USNR For Appellee:

Brian K. Keller, Esq.

United States v. Smith, NMCCA No. 202100081 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. 1

The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

1 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.