United States v. ROVITO

This opinion is subject to administrative correction before final disposition.

Before

STEPHENS, STARITA, and DEERWESTER Appellate Military Judges _________________________ UNITED STATES

Appellee v.

Darron S. ROVITO

Gas Turbine Systems Mechanic Third Class (E-4), U.S. Navy Appellant

No. 202100098

Decided: 18 November 2021 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge:

Hayes C. Larson

Sentence adjudged 10 December 2020 by a general court-martial convened at Naval Station Norfolk, Virginia, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 12 months, 1 and a bad-conduct discharge.

For Appellant:

Lieutenant Commander R. Andrew Austria, JAGC, USN

1 The convening authority suspended confinement in excess of six months for a period of six months from the entry of judgment following a recommendation by the military judge.

United States v. Rovito, NMCCA No. 202100098 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 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.