United States v. Self ( 2020 )

This opinion is subject to administrative correction before final disposition.
Before
MONAHAN, CRISFIELD, and LAWRENCE
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Patrick A. SELF
Seaman Recruit (E-1), U.S. Navy
Appellant
No. 202000122
Decided: 30 September 2020
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Aaron C. Rugh
Sentence adjudged 4 March 2020 by a special court-martial convened
at Naval Base San Diego, California, consisting of a military judge
sitting alone. Sentence in the Entry of Judgment: reduction to E-1,
confinement for 12 months, 1 and a bad-conduct discharge.
For Appellant:
Captain Brian L. Farrell, USMCR
1 Appellant was sentenced by the military judge using segmented sentencing
with the sentence to confinement for each specification running concurrently. The
convening authority suspended confinement for some of the specifications, leaving
the same total amount of confinement as a result of the concurrent sentences to
confinement.
United States v. Self, NMCCA No. 202000122
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 findings and sentence are correct in law
and fact and that no error materially prejudicial to Appellant’s substantial
rights occurred. 2 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 As reflected in the Entry of Judgment and pursuant to a plea agreement, the
military judge dismissed a number of specifications. We note that they were
dismissed with prejudice.
2