United States v. GOURGUE

This opinion is subject to administrative correction before final disposition.

Before

DALY, GROSS, de GROOT

Appellate Military Judges _________________________ UNITED STATES

Appellee v.

Franz M. GOURGUE

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

No. 202400387 _________________________ Decided: 11 April 2025

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

John L. Ferriter

Sentence adjudged 19 July 2024 by a special court-martial tried at Ma- rine Corps Base Camp Pendleton, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to grade E-1, confinement for sixty days, and a bad-conduct discharge. 1 For Appellant:

Lieutenant Lauren A. Howes, JAGC, USNR

1 Appellant received confinement credit for serving 5 days of pretrial confinement and 115 days of judicially ordered credit in accordance with United States v. Mason, 19 M.J. 274 (C.M.A. 1985).

United States v. Gourgue, NMCCA No. 202400387 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 have determined that the findings and sentence are correct in law and fact and that no error materially prejudicial to Appellant’s substantial 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.