United States v. Hoytfranz

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: February 10, 2021
• Docket: 20200167
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before GASTON, LAWRENCE, and STEWART Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Ian R. HOYTFRANZ Private First Class (E-2), U.S. Marine Corps Appellant

No. 202000167

Decided: 10 February 2021

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judges: Terrance J. Reese (arraignment) K. Scott Woodard (trial)

Sentence adjudged 26 March 2020 by a general court-martial con- vened at Marine Corps Air Station Cherry Point, North Carolina, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for eighteen months, and a bad-conduct discharge.

For Appellant: Captain Kimberly D. Hinson, JAGC, USN

For Appellee: Brian K. Keller, Esq. United States v. Hoytfranz, NMCCA No. 202000167 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. 1 The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

1 UCMJ arts. 59, 66.