United States v. MacAraeg ( 2021 )

This opinion is subject to administrative correction before final disposition.
Before
MONAHAN, STEPHENS, and STARITA
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Dave G. MACARAEG
Quartermaster Chief Petty Officer (E-7), U.S. Navy
Appellant
No. 202100099
Decided: 3 September 2021
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Ryan Stormer
Sentence adjudged 25 January 2021 by a special court-martial con-
vened at Naval Base San Diego, California, consisting of a military
judge sitting alone. Sentence in the Entry of Judgment: confinement
for ten months and reduction to E-1. 1
1 Pursuant to a pretrial agreement, the convening authority disapproved an
adjudged bad-conduct discharge, suspended all confinement in excess of six months,
suspended reduction below the pay grade of E-6, and deferred and waived automatic
forfeitures of any pay during Appellant’s enlistment. On 9 August 2021, Appellant
filed a timely appeal of the findings and sentence pursuant to Article 66(b)(1)(A),
Uniform Code of Military Justice, 10 U.S.C. § 866(b)(1)(A).
United States v. Macaraeg, NMCCA No. 202100099
Opinion of the Court
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).
_________________________
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. Uniform Code of Military Justice arts. 59, 66, 10 U.S.C.
§§ 859, 866.
The findings and sentence are AFFIRMED.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
2