United States v. DUCUT ( 2021 )

This opinion is subject to administrative correction before final disposition.
Before
GASTON, HOUTZ, and MYERS
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Joshua D. C. DUCUT
Corporal (E-4), U.S. Marine Corps
Appellant
No. 202100216
Decided: 18 November 2021
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Nicholas S. Henry
Sentence adjudged 30 June 2021 by a general court-martial convened
at Camp Lejeune, North Carolina, consisting of a military judge
sitting alone. Sentence in the Entry of Judgment: reduction to
paygrade E-1, confinement for 22 months, forfeiture of all pay and
allowances, and a dishonorable discharge.
For Appellant:
Lieutenant Commander Matthew A. Kozyra, JAGC, USN
For Appellee:
Brian K. Keller, Esq.
United States v. Ducut, NMCCA No. 202100216
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. 1
The findings and sentence are AFFIRMED.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
1 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.
2