United States v. Kelley

This opinion is subject to administrative correction before final disposition.

Before HOLIFIELD, STEWART, and HACKEL Appellate Military Judges _________________________ UNITED STATES Appellee v. Dimitri A. KELLEY Private First Class (E-2), U.S. Marine Corps Appellant No. 202200113 _________________________ Decided: 26 October 2022 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judges: Keaton H. Harrell (arraignment) Glen R. Hines (motions) Nicolas S. Henry (motions and trial) Sentence adjudged 26 January 2022 by a general court-martial con- vened 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 twenty-one months, and a bad-con- duct discharge. 1

1 Appellant was credited with having served 100 days of pretrial confinement.

United States v. Kelly, NMCCA No. 202200113 Opinion of the Court For Appellant: Captain Colin W. Hotard, USMC _________________________ 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:

MARK K. JAMISON Clerk of Court

2 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.