United States v. Libby ( 2020 )

This opinion is subject to administrative correction before final disposition.
Before
KING, GASTON, and, COGLEY,
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Michael S. LIBBY
Fire Controlman First Class (E-6), U.S. Navy
Appellant
No. 201900270
Decided: 19 March 2020
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Michael J. Luken
Sentence adjudged 29 May 2019 by a general court-martial convened
at Naval Station Norfolk, Virginia, consisting of a military judge
sitting alone. Sentence approved by the convening authority: reduction
to E-3, confinement for 2 years, and a bad-conduct discharge.
For Appellant:
Captain Brian L. Farrell, USMCR
For Appellee:
Brian K. Keller, Esq.
_________________________
This opinion does not serve as binding precedent, but
may be cited as persuasive authority under
NMCCA Rule of Appellate Procedure 30.2.
United States v. Libby, No. 201900270
_________________________
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
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