United States v. Rocco

This opinion is subject to administrative correction before final disposition.

Before

STEPHENS, COGLEY, and DEERWESTER

Appellate Military Judges _________________________ UNITED STATES

Appellee v.

Jeremiah D. ROCCO

Private First Class (E-2), U.S. Marine Corps Appellant

No. 202200050 _________________________ Decided: 27 June 2022

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

John P. Norman

Sentence adjudged 14 December 2021 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 14 years and 6 months,1 and a dishon- orable discharge.

1 The convening authority deferred and waived automatic forfeitures, which were paid to the spouse of the accused, pursuant to a plea agreement. Also, based on the recommendation of the military judge the convening authority deferred the reduction to E-1 until the Entry of Judgment.

United States v. Rocco, NMCCA No. 202200050 Opinion of the Court

For Appellant:

Lieutenant Commander Daniel O. Moore, 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:

KYLE D. MEEDER

Clerk of Court

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