United States v. VASQUEZ

This opinion is subject to administrative correction before final disposition.

Before

HOLIFIELD, STEWART, and HACKEL

Appellate Military Judges _________________________

UNITED STATES

Appellee v.

Josue VASQUEZ

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

No. 202100068

Decided: 29 October 2021

Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge:

Michael Zimmerman

Sentence adjudged 14 January 2021 by a general court-martial con- vened at Marine Corps Base Quantico, Virginia, consisting of a mili- tary judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 20 months, 1 forfeiture of all pay and allowanc- es, and a dishonorable discharge.

For Appellant:

Lieutenant Christopher B. Dempsey, JAGC, USN

1 The convening authority suspended confinement in excess of nine months pursuant to a pretrial agreement.

United States v. Vasquez, NMCCA No. 202100068 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.