United States v. Robinson ( 2020 )

This opinion is subject to administrative correction before final disposition.
Before
TANG, LAWRENCE, and GERRITY
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Derrick L. ROBINSON, Jr.
Corporal, (E-4) U.S. Marine Corps
Appellant
No. 201900301
Decided: 12 May 2020
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Michael D. Libretto
Sentence adjudged 15 July 2019 1 by a general court-martial convened
at Marine Corps Recruit Depot 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 38 months, and a dishonorable
discharge. 2
For Appellant:
Captain B. L. Farrell, USMC
1 A post-Article 39(a) session was held on 15 August 2019 to address an appellate
rights form correction.
2 The Convening Authority suspended confinement in excess of 36 months for a
period of 38 months pursuant to a pretrial agreement.
United States v. Robinson, NMCCA No. 201900301
Opinion of the Court
For Appellee:
Brian K. Keller, Esq.
_________________________
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 approved findings and sentence as modi-
fied by this order are correct in law and fact and that no error materially
prejudicial to Appellant’s substantial rights occurred. Articles 59, 66, Uni-
form 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