United States v. WARE

This opinion is subject to administrative correction before final disposition.

Before

HOLIFIELD, BAKER, and DALY

Appellate Military Judges _________________________

UNITED STATES

Appellee v.

Robert D. WARE

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

No. 202300151 _________________________

Decided: 6 December 2023

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

Andrea C. Goode (arraignment) Derek A. Poteet (trial)

Sentence adjudged 30 March 2023 by a special court-martial convened at Marine Corps Base Camp Pendleton, California, consisting of a mil- itary judge sitting alone. Sentence in the Entry of Judgment: reduction to E-2, hard labor without confinement for 30 days, forfeiture of $400.00 pay per month for 1 month, and a bad-conduct discharge.

For Appellant:

Lieutenant Commander Benjamin E. Doskocil, JAGC, USNR United States v. Ware, NMCCA No. 202300151 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, and Appellant having not challenged the factual sufficiency of this case, we have determined that the findings are correct in law, the sentence is correct in law and fact, and that no error materially prejudicial to Appellant’s substan- tial rights occurred. 1

The findings and sentence are AFFIRMED.

FOR THE COURT:

MARK K. JAMISON

Clerk of Court

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