United States v. LUKE

This opinion is subject to administrative correction before final disposition.

Before

KISOR, DALY, and PICTON

Appellate Military Judges _________________________

UNITED STATES

Appellee v.

Jackson W. LUKE

Corporal (E-4), U.S. Marine Corps Appellant

No. 202300327 _________________________

Decided: 26 April 2024

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

William J. Mossor

Sentence adjudged 13 September 2023 by a general court-martial con- vened at Marine Corps Air Station Cherry Point, North Carolina, con- sisting of a military judge sitting alone. Sentence in the Entry of Judg- ment: reduction to E-1, confinement for 13 months, forfeiture of all pay and allowances, and a dishonorable discharge.

For Appellant:

Lieutenant Colonel Matthew E. Neely, USMC United States v. Luke, NMCCA No. 202300327 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.