United States v. Botello ( 2020 )

This opinion is subject to administrative correction before final disposition.
Before
HOLIFIELD, CRISFIELD, and LAWRENCE
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Alexander BOTELLO
Lance Corporal (E-3), U.S. Marine Corps
Appellant
No. 202000106
Decided: 21 September 2020
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Jeffrey V. Munoz
Sentence adjudged 19 February 2020 by a general court-martial
convened at Marine Corps Base Camp Pendleton, California, consist-
ing of a military judge sitting alone. Sentence in the Entry of Judg-
ment: confinement for 18 months, 1 reduction to E-1, and a bad-
conduct discharge.
For Appellant:
Commander Michael E. Maffei, JAGC, USN
For Appellee:
Brian K. Keller, Esq.
1 The convening authority suspended confinement in excess of 9 months pursuant
to a pretrial agreement.
United States v. Botello, NMCCA No. 202000106
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. 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
2