United States v. Montigue ( 2020 )

This opinion is subject to administrative correction before final disposition.
Before
MONAHAN, STEPHENS, and DEERWESTER
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Ishmil A. MONTIGUE
Private First Class (E-2), U.S. Marine Corps
Appellant
No. 202000166
Decided: 30 October 2020
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judges:
Terrance J. Reese (arraignment)
Kevin S. Woodard (trial)
Sentence adjudged 3 April 2020 by a special court-martial convened at
Marine Corps Base Camp Lejeune, North Carolina, consisting of a
military judge sitting alone. Sentence in the Entry of Judgment:
reduction to E-1, confinement for 160 days, forfeiture of $1,000.00 pay
per month for 4 months, and a bad-conduct discharge.
For Appellant:
Captain Thomas P. Belsky, JAGC, USN
For Appellee:
Brian K. Keller, Esq.
United States v. Montigue, NMCCA No. 202000166
Opinion of the Court
_________________________
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. 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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