United States v. McElroy

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: August 29, 2019
• Docket: 201900106
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before FULTON, HITESMAN, and KOVAC, Appellate Military Judges _________________________

UNITED STATES Appellee

v.

Nicholas J. M C ELROY Cryptologic Technician Interpretive Petty Officer Second Class (E-5), U.S. Navy Appellant

No. 201900106

Decided: 29 August 2019. Appeal from the United States Navy-Marine Corps Trial Judiciary. Military Judge: Lieutenant Colonel Wilbur Lee, USMC. Sentence ad- judged 28 February 2019 by a general court-martial convened at Joint Base Pearl Harbor-Hickam, Hawaii, consisting of a military judge sit- ting alone. Sentence approved by the convening authority: reduction to E-1, confinement for 75 days, 1 and a bad-conduct discharge. For Appellant: Captain Scott F. Hallauer, 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 56 days pursuant to a pretrial agreement. United States v. McElroy, No. 201900106

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