United States v. Montealegrecharro II

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: May 23, 2022
• Docket: 201900303
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before GASTON, BAKER, and HOUTZ Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Victor MONTEALEGRECHARRO Aviation Boatswain’s Mate Aircraft Handler Airman (E-3) U.S. Navy Appellant

No. 201900303

Decided: 23 May 2022

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judges: Ann K. Minami (arraignment) Kimberly J. Kelly (trial)

Sentence adjudged 8 August 2019 by a special court-martial convened at Naval Base Kitsap, Bremerton, Washington, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1 and confinement for ten months. 1

For Appellant: Major Mary Claire Finnen, USMC

1 The convening authority suspended confinement in excess of eight months pur- suant to a pretrial agreement. United States v. Montealegrecharro, NMCCA No. 201900303 Opinion of the Court

For Appellee: Lieutenant Catherine M. Crochetiere, JAGC, USN

This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a).

PER CURIAM: This case is before us for review a second time. During our initial review, we set aside the Convening Authority Action [CA Action] and Entry of Judg- ment [EOJ] and remanded for new post-trial processing. 2 Following completion of the new CA Action and EOJ, the case has returned to the Court for comple- tion of appellate review. After careful consideration of the record, submitted without further assign- ment of error, we have determined that the findings and sentence are correct in law and fact and that no error materially prejudicial to Appellant’s substan- tial rights occurred. 3 The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

2 United States v. Montealegrecharro, No. 201900303, 2021 CCA LEXIS 421 (N-M. Ct. Crim. App. Aug. 20, 2021) (unpublished). 3 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.