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United States
v.
RIOS-MOJICA
v.
RIOS-MOJICA
202100201.
Navy-Marine Corps Court of Criminal Appeals.
Dec 29, 2021.
Published
This opinion is subject to administrative correction before final disposition.
Before
MONAHAN, STEPHENS, and DEERWESTER
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Daniel RIOS-MOJICA
Private (E-1), U.S. Marine Corps
Appellant
No. 202100201
_________________________
Decided: 29 December 2021
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Derek A. Poteet
Sentence adjudged 27 May 2021 by a special court-martial convened at Marine Corps Base Camp Pendleton, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: confinement for 240 days and a bad-conduct discharge. 1
1 The Convening Authority suspended the bad conduct discharge and 109 days of
the adjudged confinement consistent with a recommendation of the military judge and pursuant to Article 60a(c), Uniform Code of Military Justice [UCMJ], 10 U.S.C. § 860a(c).
United States v. Rios-Mojica, NMCCA No. 202100201
Opinion of the Court
For Appellant:
Commander Kyle Calvin Kneese, JAGC, USN
_________________________
This opinion does not serve as binding precedent under
NMCCA Rule of Appellate Procedure 30.2(a).
_________________________
Before
MONAHAN, STEPHENS, and DEERWESTER
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Daniel RIOS-MOJICA
Private (E-1), U.S. Marine Corps
Appellant
No. 202100201
_________________________
Decided: 29 December 2021
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Derek A. Poteet
Sentence adjudged 27 May 2021 by a special court-martial convened at Marine Corps Base Camp Pendleton, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: confinement for 240 days and a bad-conduct discharge. 1
1 The Convening Authority suspended the bad conduct discharge and 109 days of
the adjudged confinement consistent with a recommendation of the military judge and pursuant to Article 60a(c), Uniform Code of Military Justice [UCMJ], 10 U.S.C. § 860a(c).
United States v. Rios-Mojica, NMCCA No. 202100201
Opinion of the Court
For Appellant:
Commander Kyle Calvin Kneese, JAGC, USN
_________________________
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, UCMJ, 10 U.S.C. §§ 859, 866.
[*2]