United States v. McAbee

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: June 25, 2019
• Docket: 201900081
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HUTCHISON, TANG, and KOVAC, Appellate Military Judges _________________________

UNITED STATES Appellee

v.

Michael E. M C ABEE Lance Corporal (E-3), U.S. Marine Corps Appellant

No. 201900081

Decided: 25 June 2019. Appeal from the United States Navy-Marine Corps Trial Judiciary. Military Judge: Lieutenant Colonel Wilbur Lee, USMC. Sentence ad- judged 10 December 2018 by a general court-martial convened at Ma- rine Corps Base, Hawaii, consisting of a military judge sitting alone. Sentence approved by convening authority: reduction to E-1, confine- ment for 30 months, 1 and a dishonorable discharge. For Appellant: Commander C. Eric Roper, 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). _________________________

1 The Convening Authority suspended confinement in excess of 18 months pursu- ant to a pretrial agreement. United States v. McAbee, No. 201900081

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