United States v. Brown ( 2021 )

This opinion is subject to administrative correction before final disposition.
Before
HOLIFIELD, STEWART, and DEERWESTER
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Robert P. BROWN
Master Gunnery Sergeant (E-9), U.S. Marine Corps
Appellant
No. 202000057
Decided: 30 March 2021
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
K. Scott Woodard
Sentence adjudged 24 October 2019 by a general court-martial con-
vened at Marine Corps Base Camp Lejeune, North Carolina, consist-
ing of a military judge sitting alone. Sentence in the Entry of Judg-
ment: reduction to E-1, confinement for fourteen months, 1 and a bad-
conduct discharge.
For Appellant:
Captain Daniel J. McCoy, JAGC, USN
1 The convening authority suspended confinement in excess of two months
pursuant to a plea agreement and disapproved an adjudged letter of reprimand as a
matter of clemency.
United States v. Brown, NMCCA No. 202000057
Opinion of the Court
For Appellee:
Lieutenant John L. Flynn, JAGC, USN
Major Kerry E. Friedewald, USMC
_________________________
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 and briefs of counsel, 2 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
2 Appellant raised one assignment of error: that the Government failed to prepare
a proper record for appellate review, in that the record did not contain a complete
charge sheet. The Court subsequently granted the Government’s motion to attach the
charge sheet. As the record before the Court is complete, we find the issue moot. See
United States v. Clifton, 35 M.J. 79 (C.M.A. 1992).
2