United States v. Hightower

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: April 29, 2021
• Docket: 202100023
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before STEPHENS, STARITA, and DEERWESTER Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Otis L. HIGHTOWER Retail Services Specialist Seaman (E-3), U.S. Navy Appellant

No. 202100023

Decided: 29 April 2021

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Donald R. Ostrom

Sentence adjudged 15 October 2020 by a special court-martial con- vened at Naval Station Norfolk, Virginia, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 8 months, and a bad-conduct discharge. 1

For Appellant: Captain Thomas P. Belsky, JAGC, USNR

For Appellee: Brian K. Keller, Esq.

1 The convening authority suspended the bad-conduct discharge until adminis- trative processing is complete pursuant to a plea agreement. United States v. Hightower, NMCCA No. 202100023 Opinion of the Court

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