United States v. Grindstaff

We have examined the record of trial, the four assignments of error,1 and the Government’s response thereto. We conclude that the findings and sentence are correct in law and fact and that no error materially prejudicial to the substantial rights of the appellant was committed. A brief discussion of the issues is appropriate.

Assignment of Error I

Appellant first contends that his sentence, which included an unsuspended bad-conduct discharge, is inappropriately severe. However, he committed an assault consummated by a battery with a knife on another Marine. In his own words, this was an…