United States v. Montagna

This opinion is subject to administrative correction before final disposition.

Before HOUTZ, COGLEY, and MYERS Appellate Military Judges _________________________ UNITED STATES Appellee v. Mario A. MONTAGNA Intelligence Specialist First Class (E-6), U.S. Navy Appellant No. 202200020 _________________________ Decided: 13 October 2022 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge: Hayes C. Larsen Sentence adjudged 19 October 2021 by a general court-martial con- vened at Naval Station Norfolk, Virginia, consisting of a military judge sitting alone. Sentence approved by the convening authority: reduction to E-1, confinement for sixty days, and a bad-conduct discharge.

For Appellant: Lieutenant Colonel Michael D. Berry, USMCR _________________________ This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a).

_________________________ United States v. Montagna, NMCCA No. 202200020 Opinion of the Court 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. 1 The findings and sentence are AFFIRMED.

FOR THE COURT:

S. TAYLOR JOHNSTON Acting Clerk of Court

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