United States v. Tooley

This opinion is subject to administrative correction before final disposition.

Before

GASTON, ATTANASIO, and HOUTZ

Appellate Military Judges _________________________

UNITED STATES

Appellee v.

Jerimiah A. TOOLEY

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

No. 202200069 _________________________

Decided: 28 June 2022

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

Derek A. Poteet

Sentence adjudged 13 December 2021 by a special court-martial con- vened at Marine Corps Base Camp Pendleton, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: con- finement for four months, forfeiture of $800 per month for six months, and a bad-conduct discharge.

For Appellant:

Commander Kyle C. Kneese, JAGC, USN United States v. Tooley, NMCCA No. 202200069 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.1

The findings and sentence are AFFIRMED.

FOR THE COURT:

KYLE D. MEEDER Clerk of Court

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