United States v. Joshua

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: January 9, 2020
• Docket: 201900222
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before KING, GASTON, and FOIL, Appellate Military Judges _________________________

UNITED STATES Appellee

v.

Timothy D. JOSHUA Aviation Boatswain’s Mate Fuel Handler Third Class (E-4), U.S. Navy Appellant

No. 201900222

Decided: 9 January 2020. Appeal from the United States Navy-Marine Corps Trial Judiciary. Military Judge: Captain Michael J. Luken, JAGC, USN. Sentence ad- judged 22 April 2019 by a special court-martial convened at Naval Station Norfolk, Virginia, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: a bad-conduct discharge. For Appellant: Captain Jeremiah J. Sullivan III, JAGC, USN. 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 the appellant’s substan- tial rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866. United States v. Joshua, NMCCA No. 201900222

The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court