United States v. Deason ( 2020 )

This opinion is subject to administrative correction before final disposition.
Before
STEPHENS, LAWRENCE, and PENNIX
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Kyler Z. DEASON
Seaman (E-3), U.S. Navy
Appellant
No. 202000096
Decided: 30 September 2020
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Aaron C. Rugh
Sentence adjudged 31 January 2020 by a special court-martial con-
vened at Naval Base San Diego, California, consisting of a military
judge sitting alone. Sentence in the Entry of Judgment: confinement
for 35 days and a bad-conduct discharge.
For Appellant:
Captain Jeremiah L. Sullivan III, JAGC, USN
For Appellee:
Brian K. Keller, Esq.
_________________________
This opinion does not serve as binding precedent under
NMCCA Rule of Appellate Procedure 30.2(a).
United States v. Deason, NMCCA No. 202000096
Opinion of the Court
_________________________
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. 1
The findings 2 and sentence are AFFIRMED.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
1 Uniform Code of Military Justice arts. 59, 66, 10 U.S.C. §§ 859, 866.
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