United States v. Donell

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: May 13, 2019
• Docket: 201900027
• Status: Published

Opinion

United States Navy–Marine Corps Court of Criminal Appeals _________________________

UNITED STATES Appellee

v.

Ian M. DONELL Lance Corporal (E-3), U.S. Marine Corps Appellant

No. 201900027

Appeal from the United States Navy-Marine Corps Trial Judiciary. Decided: 13 May 2019. Military Judge: Lieutenant Colonel Wilbur Lee, USMC. Sentence adjudged 27 September 2018 by a special court-martial convened at Marine Corps Base, Kaneohe Bay, HI, consisting of a military judge sitting alone. Sentence approved by convening authority: confinement for 6 months, reduction to E-1; and a bad- conduct discharge. For Appellant: Lieutenant Colonel Lee C. Kindlon, USMCR. For Appellee: Brian K. Keller, Esq. _________________________

This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a). _________________________

Before HUTCHISON, LAWRENCE, and GERDING Appellate Military Judges. United States v. Donell, No. 201900027

PER CURIAM: After careful consideration of the record, submitted without assignment of error, we have determined that the approved findings and sentence are cor- rect 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 as approved by the convening authority are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court