United States v. Colegrove

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: December 11, 2019
• Docket: 201900095
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before KING, MCCONNELL, and GEIS, Appellate Military Judges _________________________

UNITED STATES Appellee

v.

Phillip S. COLEGROVE Machinist’s Mate Nuclear Third Class (E-4), U.S. Navy Appellant

No. 201900095

Decided: 11 December 2019. Appeal from the United States Navy-Marine Corps Trial Judiciary. Military Judge: Captain Stephen Reyes, U.S. Navy. Sentence ad- judged 14 January 2019 by a special court-martial convened at Fleet Activities Yokosuka, Japan, consisting of a military judge sitting alone. Sentence approved by the convening authority: reduction to E-1, confinement for 10 months, 1 and a bad-conduct discharge. For Appellant: Lieutenant Commander W. Scott Stoebner, 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). _________________________

1 Pursuant to a pretrial agreement, the convening authority suspended confine- ment in excess of 9 months. United States v. Colegrove, NMCCA No. 201900095

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. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866. The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court