United States v. Brown ( 2021 )


Menu:
  •  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
    

Document Info

Docket Number: 202000057

Filed Date: 3/30/2021

Precedential Status: Precedential

Modified Date: 3/31/2021