United States v. Beltz ( 2021 )


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  •  This opinion is subject to administrative correction before final disposition.
    Before
    MONAHAN, STEPHENS, and DEERWESTER
    Appellate Military Judges
    _________________________
    UNITED STATES
    Appellee
    v.
    Drake A. BELTZ
    Lance Corporal (E-3), U.S. Marine Corps
    Appellant
    No. 202100057
    Decided: 22 September 2021
    Appeal from the United States Navy-Marine Corps Trial Judiciary
    Military Judge:
    Andrea C. Goode (arraignment)
    John P. Norman (trial)
    Sentence adjudged 17 November 2020 by a general court-martial
    convened at Marine Corps Air Ground Combat Center Twentynine
    Palms, California, consisting of a military judge sitting alone. Sen-
    tence in the Entry of Judgment: reduction to E-1, confinement for 16
    months, forfeiture of all pay and allowances, 1 and a bad-conduct
    discharge.
    1 The convening authority waived automatic forfeitures for a period of six months
    from the date of the Entry of Judgment, and suspended the adjudged forfeitures of all
    pay and allowance for a period of 16 months provided Appellant maintains an
    allotment for the benefit of his dependents for the duration of the suspension.
    United States v. Beltz, NMCCA No. 202100057
    Opinion of the Court
    For Appellant:
    Captain William F. Halsey, 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).
    _________________________
    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. 2
    The findings and sentence are AFFIRMED.
    FOR THE COURT:
    RODGER A. DREW, JR.
    Clerk of Court
    2   Articles 59 & 66, Uniform Code of Military Justice, 
    10 U.S.C. §§ 859
    , 866.
    2
    

Document Info

Docket Number: 202100057

Filed Date: 9/20/2021

Precedential Status: Precedential

Modified Date: 10/7/2021