United States v. Noel ( 2022 )

This opinion is subject to administrative correction before final disposition.
Before
MONAHAN, STEPHENS, and DEERWESTER
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Mogesner NOEL
Corporal (E-4), U.S. Marine Corps
Appellant
No. 202200018
_________________________
Decided: 28 July 2022
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Stephen F. Keane
Sentence adjudged 12 October 2021 by a special court-martial convened
at Marine Corps Base Camp Pendleton, California, consisting of a mil-
itary judge sitting alone. Sentence in the Entry of Judgment: reduction
to E-1, confinement for 7 months, 1 forfeiture of $1,190 pay per month
for 7 months, and a bad-conduct discharge.
For Appellant:
Major Brian L. Farrell, USMC
1 The convening authority suspended one month of forfeitures. Appellant was cred-
ited with 209 days of pre-trial confinement.
United States v. Noel, NMCCA No. 202200018
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. 2
The findings and sentence are AFFIRMED.
FOR THE COURT:
S. TAYLOR JOHNSTON
Interim Clerk of Court
2 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.
2