United States v. Elizalde ( 2021 )

This opinion is subject to administrative correction before final disposition.
Before
HOLIFIELD, STEWART, and DEERWESTER
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Domion ELIZALDE
Lance Corporal (E-3), U.S. Marine Corps
Appellant
No. 202100198
Decided: 3 September 2021
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Derek A. Poteet
Sentence adjudged 10 May 2021 by a general court-martial convened
at Marine Corps Base Camp Pendleton, California, consisting of a
military judge sitting alone. Sentence in the Entry of Judgment:
reduction to E-1, confinement for 40 months, forfeiture of all pay and
allowances, and a dishonorable discharge.
For Appellant:
Commander Kyle C. Kneese, JAGC, USN
For Appellee:
Brian K. Keller, Esq.
United States v. Elizalde, NMCCA No. 202100198
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:
RODGER A. DREW, JR.
Clerk of Court
1 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.
2