United States v. Ines

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: April 30, 2019
• Docket: 201900013
• Status: Published

Opinion

United States Navy-Marine Corps Court of Criminal Appeals _________________________

UNITED STATES Appellee

v.

Kyle M. INES Seaman (E-3), U.S. Navy. Appellant

No. 201900013

Appeal from the United States Navy-Marine Corps Trial Judiciary. Decided: 17 April 2019. Military Judge: Captain Jonathan T. Stephens, JAGC, USN. Sentence adjudged 6 September 2018 by a general court-martial con- vened at Naval Base San Diego, California, consisting of a military judge sitting alone. Sentence approved by convening authority: reduc- tion to E-1, forfeiture of all pay and allowances, confinement for 6 years, 1 and a dishonorable discharge. For Appellant: Commander Robert D. Evans, JAGC, USNR. For Appellee: Brian K. Keller, Esq. _________________________

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

1The Convening Authority suspended confinement in excess of 36 months pursu- ant to a pretrial agreement. United States v. Ines, No. 201900013

Before FULTON, HITESMAN, and GERDING, Appellate Military Judges.

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 the 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