United States v. MIDKIFF

This opinion is subject to administrative correction before final disposition.

Before GASTON, HOUTZ, and MYERS Appellate Military Judges _________________________ UNITED STATES Appellee v. Tyler K. MIDKIFF Lance Corporal (E-3), U.S. Marine Corps Appellant No. 202100153 Decided: 23 November 2021 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge: K. Scott Woodard Sentence adjudged 21 April 2021 by a special court-martial convened at Marine Corps Base Camp Lejeune, North Carolina, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for three months, and a bad-conduct discharge.

For Appellant: Lieutenant Commander Doug Ottenwess, JAGC, USN For Appellee: Brian K. Keller, Esq.

United States v. Midkiff, NMCCA No. 202100153 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.