United States v. Portillo

This opinion is subject to administrative correction before final disposition.

Before

HOLIFIELD, HACKEL, and MCCOY

Appellate Military Judges _________________________ UNITED STATES

Appellee v.

Brian A. PORTILLO

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

No. 202200103 _________________________ Decided: 21 October 2022 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge:

John P. Norman

Sentence adjudged 25 February 2022 by a general court-martial con- vened at Marine Corps Base Camp Pendleton, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: re- duction to E-1, confinement for 12 months, forfeiture of $1,000.00 pay per month for 12 months, and a bad-conduct discharge. 1 For Appellant:

Commander Kyle C. Kneese, JAGC, USN

1 Appellant was credited with having served 106 days of pretrial confinement. United States v. Portillo, NMCCA No. 202200103 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. 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.