United States v. Marshall ( 2019 )

This opinion is subject to administrative correction before final disposition.
Before
KING, MCCONNELL, and RUSSELL,
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Alexander R. MARSHALL
Mineman Second Class (E-5), U.S. Navy
Appellant
No. 201900251
Decided: 30 October 30, 2019.
Appeal from the United States Navy-Marine Corps Trial Judiciary.
Military Judge: Commander Derek D. Butler, JAGC, USN. Sentence
adjudged 12 July 2019 by a special court-martial convened at Naval
Base San Diego, California, consisting of a military judge sitting
alone. Sentence in the Entry of Judgment: confinement for 45 days, 1
and a bad-conduct discharge.
For Appellant: Lieutenant Colonel Michael D. Berry, USMCR.
For Appellee: Brian K. Keller, Esq.
_________________________
This opinion does not serve as binding precedent under
NMCCA Rule of Appellate Procedure 30.2(a).
_________________________
1 The Convening Authority suspended the bad-conduct discharge pursuant to a
pretrial agreement.
United States v. Marshall, No. 201900251
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 the appellant’s substan-
tial rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866.
The findings and sentence are AFFIRMED.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
2