United States v. Holben

This opinion is subject to administrative correction before final disposition.

Before

GASTON, HOUTZ, and MYERS

Appellate Military Judges _________________________ UNITED STATES

Appellee v.

Kevin C. HOLBEN

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

No. 202100145

Decided: 3 September 2021 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge:

Kyle G. Phillips (arraignment) Nicholas S. Henry (trial) Sentence adjudged 22 March 2021 by a general court-martial con- vened at Marine Corps Air Station Cherry Point, North Carolina, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to paygrade E-1, forfeiture of all pay and allow- ances, confinement for two years, and a dishonorable discharge.

For Appellant:

Captain Jasper W. Casey, USMC For Appellee:

Brian K. Keller, Esq.

United States v. Holben, NMCCA No. 202100145 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.