United States v. VARGAS

This opinion is subject to administrative correction before final disposition.

Before KISOR, ATTANASIO, and GANNON Appellate Military Judges _________________________ UNITED STATES Appellee v. Kristian J. VARGAS Staff Sergeant (E-6), U.S. Marine Corps Appellant No. 202400163 _________________________ Decided: 13 May 2025 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge: Derek A. Poteet Sentence adjudged 1 February 2024 by a special court-martial tried at Marine Corps Air Station Miramar, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-3 and confinement for seventy-five days.

For Appellant: Benjamin A. Robles United States v. Vargas, NMCCA No. 202400163 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 not having challenged the factual sufficiency of the evi- dence, we have determined that the findings are correct in law, that the sen- tence is correct in law and fact, and that no error materially prejudicial to Ap- pellant's substantial 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.