<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 March 30, 2017) (unpublished).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.