United States v. Duda ( 2022 )

This opinion is subject to administrative correction before final disposition.
Before
HOLIFIELD, STEWART, and HACKEL
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Benjamin D. DUDA
Lance Corporal (E-3), U.S. Marine Corps
Appellant
No. 202100184
_________________________
Decided: 18 January 2022
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judges:
Keaton H. Harrell (arraignment)
Nicholas S. Henry (trial)
Sentence adjudged 14 May 2021 by a general court-martial convened at
Marine Corps Base Camp Lejeune, North Carolina, consisting of a mil-
itary judge sitting alone. Sentence in the Entry of Judgment: reduction
to E-1, confinement for 36 months, forfeiture of all pay and allowances,
and a dishonorable discharge.
For Appellant:
Lieutenant Commander W. Scott Stoebner, JAGC, USN
United States v. Duda, NMCCA No. 202100184
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. 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