United States v. Gaines ( 2022 )

This opinion is subject to administrative correction before final disposition.
Before
HOLIFIELD, STEWART, and STARITA
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Russell L. GAINES
Aviation Boatswain’s Mate Aircraft Handling Third Class (E-4),
U.S. Navy
Appellant
No. 202200016
_________________________
Decided: 12 April 2022
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Hayes C. Larsen
Sentence adjudged 13 October 2021 by a special court-martial convened
at Naval Station Norfolk, Virginia, consisting of a military judge sitting
alone. Sentence in the Entry of Judgment: reduction to E-3, confine-
ment for 6 months, and a bad-conduct discharge.
For Appellant:
Captain Kimberly D. Hinson, JAGC, USN
United States v. Gaines, NMCCA No. 202200016
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