<p data-block-key="k79k9">U.S.v. Davilla</p>

Before

DALY, GROSS, and de GROOT

Appellate Military Judges _________________________

UNITED STATES

Appellee v.

Salvador DAVILA

Staff Sergeant (E-6), U.S. Marine Corps

Appellant No. 202400100 _________________________ Decided: 30 October 2024

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: William J. Mossor

Sentence adjudged 4 January 2024 by a general court-martial tried 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 forty-nine months, forfeiture of all pay and al- lowances, and a dishonorable discharge. 1

For Appellant:

Lieutenant Raymond E. Bilter, JAGC, USN 1 Appellant was credited with having served six days of pretrial confinement.

United States v. Davila, NMCCA No. 202400100 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 set aside the words, “on divers occasions,” in Specification 2 of Charge II. 2 We have determined that the remaining findings and sentence are correct in law and fact and that no error materially prejudicial to Appellant’s substan- tial rights occurred. 3

The findings and sentence are AFFIRMED.

FOR THE COURT:

MARK K. JAMISON Clerk of Court

2 See United States v. Rodriguez, 66 M.J. 201, 203-04 (C.A.A.F. 2008); see also United States v. Kendall, No. 201600326, 2017 CCA LEXIS 207, *34 (N-M. Ct. Crim. App. March 30, 2017) (unpublished).

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