United States v. Miller ( 2020 )

This opinion is subject to administrative correction before final disposition.
Before
GASTON, STEWART, and HOUTZ
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Kade N. MILLER
Warrant Officer (W-1), U.S. Marine Corps
Appellant
No. 202000026
Decided: 30 October 2020
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Mark D. Sameit
Sentence adjudged 17 October 2019 by a general court-martial con-
vened at Marine Corps Base Camp Foster, Okinawa, Japan, consisting
of a military judge sitting alone. Sentence in the Entry of Judgment:
confinement for 21 months 1 and a dishonorable discharge.
For Appellant:
Lieutenant Colonel Michael D. Berry, USMCR
1 The convening authority suspended confinement in excess of 12 months pursu-
ant to a pretrial agreement.
United States v. Miller, No. 202000026
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. 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