United States v. ACOSTA-FIERROS

This opinion is subject to administrative correction before final disposition.

Before

HACKEL, GROSS, and BLOSSER

Appellate Military Judges _________________________

UNITED STATES

Appellee v.

Yair R. ACOSTA-FIERROS

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

Appellant

No. 202300103 _________________________

Decided: 21 December 2023

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

Yong J. Lee

Sentence adjudged 19 January 2023 by a general court-martial con- vened at Marine Corps Air Station Miramar, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduc- tion to E-1, confinement for seven months, and a bad-conduct discharge.

For Appellant:

Lieutenant Commander Daniel C. LaPenta, JAGC, USN United States v. Acosta-Fierros, NMCCA No. 202300103 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. 2

FOR THE COURT:

MARK K. JAMISON

Clerk of Court

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

2 Although not explicitly stated in the convening authority’s action or the Entry of Judgment, we note that Appellant’s adjudged bad-conduct discharge was remitted by operation of Rule for Courts-Martial 1107(e) upon completion of the case United States v. Lance Corporal Freddie A. Montoya, Jr., USMC on 28 June 2023 and the resulting expiration of the period of suspension.