United States v. BABAUTA

This opinion is subject to administrative correction before final disposition.

Before KISOR, GANNON, and HARRELL Appellate Military Judges _________________________ UNITED STATES Appellee v. Nathan B. BABAUTA Aviation Machinst’s Mate Senior Chief Petty Officer (E-8) United States Navy Appellant No. 202400480 _________________________ Decided: 30 June 2024 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge: Philip J. Hamon Sentence adjudged 5 September 2024 by a special court-martial tried at Naval Base San Diego, San Diego, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to pay grade E-6.

For Appellant: Captain Kyle W. Rodewald, USMC United States v. Babauta, NMCCA No. 202400480 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. 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.