United States v. Powers ( 2020 )

Before
KING, LAWRENCE, and STEWART
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Daniel C. POWERS
Corporal (E-4), U.S. Marine Corps
Appellant
No. 201900262
Decided: 25 June 2020
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Wilbur Lee
Sentence adjudged 5 June 2019 by a special court-martial convened at
Marine Corps Base Hawaii, consisting of a military judge sitting alone. Sen-
tence in the Entry of Judgment: reduction to E-1, confinement for eight
months, 1 forfeiture of $1,100 pay per month for eight months, and a bad-
conduct discharge.
For Appellant:
Lieutenant Commander W. Scott Stoebner, JAGC, USN
For Appellee:
Brian K. Keller, Esq.
1 The convening authority suspended confinement in excess of 60 days pursuant to a pre-
trial agreement.
United States v. Powers, NMCCA No. 201900262
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. Arti-
cles 59, 66, UCMJ, 10 U.S.C. §§ 859, 866.
The findings and sentence are AFFIRMED.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
2