United States v. RIOS-MOJICA

This opinion is subject to administrative correction before final disposition.

Before

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

Appellee v.

Daniel RIOS-MOJICA

Private (E-1), U.S. Marine Corps Appellant

No. 202100201 _________________________ Decided: 29 December 2021 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge:

Derek A. Poteet

Sentence adjudged 27 May 2021 by a special court-martial convened at Marine Corps Base Camp Pendleton, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: confinement for 240 days and a bad-conduct discharge. 1

1 The Convening Authority suspended the bad conduct discharge and 109 days of the adjudged confinement consistent with a recommendation of the military judge and pursuant to Article 60a(c), Uniform Code of Military Justice [UCMJ], 10 U.S.C. § 860a(c).

United States v. Rios-Mojica, NMCCA No. 202100201 Opinion of the Court For Appellant:

Commander Kyle Calvin Kneese, JAGC, USN _________________________ 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, UCMJ, 10 U.S.C. §§ 859, 866.