United States v. BERUMEN, Jr.

This opinion is subject to administrative correction before final disposition.

Before

HOLIFIELD, KIRKBY, and GROSS

Appellate Military Judges _________________________

UNITED STATES

Appellee v.

Gilberto BERUMEN, Jr.

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

No. 202300283 _________________________

Decided: 27 March 2024

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

Derek A. Poteet

Sentence adjudged 21 July 2023 by a general court-martial convened at Marine Corps Air Station Yuma, Arizona, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, con- finement for 32 months, forfeiture of all pay and allowances, and a bad- conduct discharge. 1

For Appellant:

Lieutenant Commander Matthew A. Kozyra, JAGC, USN

1 The accused was credited with having served 157 days of pretrial confinement. United States v. Berumen, NMCCA No. 202300283 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. 2

The findings and sentence are AFFIRMED.

FOR THE COURT:

MARK K. JAMISON

Clerk of Court

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