United States v. ERVIN

This opinion is subject to administrative correction before final disposition.

Before

HOLIFIELD, KIRKBY, and DALY

Appellate Military Judges _________________________ UNITED STATES

Appellee v.

Jonathan L. ERVIN

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

No. 202300009 _________________________ Decided: 18 October 2023 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judges:

Glen R. Hines (arraignment) Nicholas S. Henry (motions, trial) Sentence adjudged 6 September 2022 by a general court-martial con- vened at Marine Corps Base Camp Lejeune, North Carolina, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for five years, forfeiture of all pay and allowances, and a dishonorable discharge.1

For Appellant:

Lieutenant Jackson M. Beach, JAGC, USN

1 Appellant was credited with having served 383 days of confinement. United States v. Ervin, NMCCA No. 202300009 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.2

The findings and sentence are AFFIRMED.

FOR THE COURT:

J. TRAVIS WILLIAMSON Acting Clerk of Court

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