United States v. McTIERNAN

This opinion is subject to administrative correction before final disposition.

Before

GASTON, ATTANASIO, and MYERS

Appellate Military Judges _________________________

UNITED STATES

Appellee v.

Thomas J. McTIERNAN

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

No. 202100331 _________________________

Decided: 2 March 2022

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

Benjamin A. Robles

Sentence adjudged 12 August 2021 by a special court-martial convened at Marine Corps Base Camp Lejeune, North Carolina, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduc- tion to E-1, confinement for 9 months, forfeiture of $1,000.00 pay per month for 10 months, and a bad-conduct discharge.

For Appellant:

Captain Thomas P. Belsky, JAGC, USN United States v. McTiernan, NMCCA No. 202100331 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:

RODGER A. DREW, JR. Clerk of Court

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