United States v. Kellogg

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: July 8, 2020
• Docket: 201900253
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before CRISFIELD, GASTON, and PENNIX Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Stephen KELLOGG III Electrician’s Mate Nuclear Power Second Class (E-5), U.S. Navy Appellant

No. 201900253

Decided: 8 July 2020

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Jonathan T. Stephens

Sentence adjudged on 16 May 2019 by a general court-martial convened at Naval Base San Diego, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for three years, and a dishonorable discharge.

For Appellant: Lieutenant Commander W. Scott Stoebner, 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).

_________________________ United States v. Kellogg, No. 201900253 Opinion of the Court

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 Appellant’s substantial rights occurred. Articles 59 and 66, Uniform Code of Military Jus- tice, 10 U.S.C. §§ 859, 866. The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court