United States v. Smith ( 2020 )

This opinion is subject to administrative correction before final disposition.
Before
MONAHAN, STEPHENS, and BONNER
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Andrew G. SMITH
Machinist’s Mate Petty Officer Third Class (E-4), U.S. Navy
Appellant
No. 202000190
Decided: 17 December 2020
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Benjamin C. Robertson
Sentence adjudged 15 May 2020 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-1,
confinement for 3 months, and a bad-conduct discharge.
For Appellant:
Major Brian L. Farrell, USMCR
For Appellee:
Brian K. Keller, Esq.
_________________________
This opinion does not serve as binding precedent under
NMCCA Rule of Appellate Procedure 30.2(a).
United States v. Smith, NMCCA No. 202000190
Opinion of the Court
_________________________
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. Uniform Code of Military Justice arts. 59, 66, 10 U.S.C.
§§ 859, 866.
The findings and sentence are AFFIRMED.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
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