United States v. Smith

This opinion is subject to administrative correction before final disposition.
Before
STEPHENS, STARITA, and DEERWESTER
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Donavon L. SMITH
Lance Corporal (E-3), U.S. Marine Corps
Appellant
No. 202100081
Decided: 29 September 2021
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Derek A. Poteet
Sentence adjudged 19 November 2020 by a special court-martial
convened at Marine Corps Base Camp Pendleton, California, consist-
ing of a military judge sitting alone. Sentence in the Entry of Judg-
ment: reduction to E-1, confinement for 90 days, a fine of $2,300, and a
bad-conduct discharge.
For Appellant:
Lieutenant Commander R. Andrew Austria, JAGC, USNR
For Appellee:
Brian K. Keller, Esq.
United States v. Smith, NMCCA No. 202100081
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