United States v. Harper

This opinion is subject to administrative correction before final disposition.
Before
GASTON, STEWART, and GERRITY
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Cody A. HARPER
Private, (E-1) U.S. Marine Corps
Appellant
No. 201900128
Decided: 22 October 2020
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Jeffrey V. Munoz
Sentence adjudged 30 January 2019 by a special court-martial con-
vened at Marine Corps Base Camp Pendleton, California, consisting of
a military judge sitting alone. Sentence approved by the convening au-
thority: confinement for 40 days and a bad-conduct discharge. 1
For Appellant:
Captain Kimberly D. Hinson, JAGC, USN
For Appellee:
Brian K. Keller, Esq.
_________________________
This opinion does not serve as binding precedent under
NMCCA Rule of Appellate Procedure 30.2(a).
1 The bad-conduct discharge was suspended and subsequently remitted by the
convening authority in accordance with the pretrial agreement.
United States v. Harper, No. 201900128
Opinion of the Court
_________________________
PER CURIAM:
After careful consideration of the record, submitted without assignment of
error, we have determined that the approved findings and sentence are cor-
rect 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