United States v. Clark ( 2020 )

This opinion is subject to administrative correction before final disposition.
Before
KING, STEWART, and GEIS
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Derick D. CLARK
Lance Corporal (E-3), U.S. Marine Corps
Appellant
No. 202000010
Decided: 29 June 2020
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Michael Libretto
Sentence adjudged 24 September 2019 by a general court-martial
convened at Marine Corps Base Parris Island, South Carolina, consist-
ing of a military judge sitting alone. Sentence in the Entry of Judg-
ment: reduction to E-1, confinement for 18 months 1, and a bad-
conduct discharge.
For Appellant:
Captain Brian L. Farrell, USMCR
For Appellee:
Brian K. Keller, Esq.
1 Pursuant to the pre-trial agreement, the convening authority suspended all
confinement in excess of 15 months.
United States v. Clark, NMCCA No. 202000010
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. Articles 59 and 66, Uniform Code of Military Justice, 10
U.S.C. §§ 859, 866.
The findings and sentence are AFFIRMED.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
2