United States v. Martinez ( 2021 )

This opinion is subject to administrative correction before final disposition.
Before
STEPHENS, DEERWESTER, and COGLEY
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
David W. MARTINEZ
Machinist’s Mate (Nuclear) Second Class (E-5), U.S. Navy
Appellant
No. 202000212
Decided: 31 March 2021
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Kimberly Kelly (arraignment)
Ann K. Minami (trial)
Sentence adjudged 28 May 2020 by a general court-martial convened
at Naval Base Kitsap, Washington, consisting of a military judge
sitting alone. Sentence in the Entry of Judgment: reduction to E-1,
confinement for 16 months, and a bad-conduct discharge.
For Appellant:
Major Brian L. Farrell, USMCR
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. Martinez, NMCCA No. 202000212
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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