United States v. Eisenmann

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: October 27, 2020
• Docket: 202000002
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before STEPHENS, LAWRENCE, and BAKER Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Joshua J. EISENMANN Private First Class (E-2), U.S. Marine Corps Appellant

No. 202000002

Decided: 27 October 2020

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judges: Keaton H. Harrell (arraignment) K. Scott Woodard (trial)

Sentence adjudged 30 August 2019 by a special 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: confinement for 12 months, reduction to E-1, and a bad-conduct discharge. 1

For Appellant: Lieutenant Commander Erin L. Alexander, JAGC, USN

1 In accordance with the pretrial agreement, the convening authority suspended all confinement awarded in excess of time served. United States v. Eisenmann, NMCCA No. 202000002 Opinion of the Court

For Appellee: Brian K. Keller, Esq.

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. 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