United States v. Daily ( 2020 )

This opinion is subject to administrative correction before final disposition.
Before
MONAHAN, HOLIFIELD, and DEERWESTER
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Spencer T. DAILY
Corporal (E-4), U.S. Marine Corps
Appellant
No. 202000110
Decided: 27 October 2020
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Michael D. Libretto
Sentence adjudged 6 January 2020 by a general court-martial con-
vened at Marine Corps Recruit Depot Parris Island, South Carolina,
consisting of a military judge sitting alone. Sentence in the Entry of
Judgment: reduction to E-1, confinement for 69 months, forfeiture of
all pay and allowances, and a dishonorable discharge.
For Appellant:
Captain Jeremiah J. 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. Daily, NMCCA No. 202000110
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. 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
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