United States v. Franco

This opinion is subject to administrative correction before final disposition.

Before HOLIFIELD, GARRISON, and HACKEL Appellate Military Judges _________________________ UNITED STATES Appellee v. Andrew B. FRANCO Corporal (E-4), U.S. Marine Corps Appellant No. 202100298 _________________________ Decided: 15 June 2022 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge: Derek A. Poteet Sentence adjudged 14 July 2021 by a special court-martial convened at Marine Corps Air Ground Combat Center Twentynine Palms, Califor- nia, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 140 days, forfeiture of $1,000.00 pay per month for six months, and a bad-conduct discharge.

For Appellant: Lieutenant Colonel Michael D. Berry, USMC United States v. Franco, NMCCA No. 202100298 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.