United States v. Duda

This opinion is subject to administrative correction before final disposition.

Before

HOLIFIELD, STEWART, and HACKEL

Appellate Military Judges _________________________

UNITED STATES

Appellee v.

Benjamin D. DUDA

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

No. 202100184 _________________________

Decided: 18 January 2022

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

Keaton H. Harrell (arraignment) Nicholas S. Henry (trial)

Sentence adjudged 14 May 2021 by a general court-martial convened at Marine Corps Base Camp Lejeune, North Carolina, consisting of a mil- itary judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 36 months, forfeiture of all pay and allowances, and a dishonorable discharge.

For Appellant:

Lieutenant Commander W. Scott Stoebner, JAGC, USN United States v. Duda, NMCCA No. 202100184 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.