United States v. Kickhaefer

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: November 14, 2019
• Docket: 201900124
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HITESMAN, GASTON, and GEIS, Appellate Military Judges _________________________

UNITED STATES Appellee

v.

Garyn S. KICKHAEFER Private First Class (E-2), U.S. Marine Corps Appellant

No. 201900124

Decided: 14 November 2019. Appeal from the United States Navy-Marine Corps Trial Judiciary. Military Judge: Commander Ryan J. Stormer, JAGC, USN. Sentence adjudged 4 January 2019 by a special court-martial convened at Ma- rine Corps Base Quantico, Virginia, consisting of a military judge sit- ting alone. Sentence approved by the convening authority: reduction to E-1, confinement for 10 months, 1 and a bad-conduct discharge. For Appellant: Captain Kimberly D. Hinson, 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). _________________________

1 The convening authority suspended confinement in excess of 6 months pursuant to a pretrial agreement. United States v. Kickhaefer, No. 201900124

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. The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court