United States v. Franco ( 2022 )

This opinion is subject to administrative correction before final disposition.
Before
HOLIFIELD, PENNIX, and STEWART
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Martin FRANCO, Jr.
Lance Corporal (E-3), U.S. Marine Corps
Appellant
No. 202100155
_________________________
Decided: 26 January 2022
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Andrea C. Goode
Sentence adjudged 19 April 2021 by a special court-martial convened at
Marine Corps Base Camp Pendleton, California, consisting of a military
judge sitting alone. Sentence approved by the convening authority: re-
duction to E-1, confinement for 10 months, 1 and a bad conduct dis-
charge.
For Appellant:
Commander C. Eric Roper, JAGC, USN
1 The military Judge credited Appellant with having served 52 days’ pretrial con-
finement.
United States v. Franco, NMCCA No. 202100155
Opinion of the Court
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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. 2
The findings and sentence are AFFIRMED.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
2 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.
2