United States v. Moore

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: September 30, 2019
• Docket: 201900119
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before TANG, J. STEPHENS, and GERRITY Appellate Military Judges _________________________

UNITED STATES Appellee

v.

Charles H. MOORE Aviation Boatswain’s Mate (Aircraft Handling) Airman Recruit (E-1), U.S. Navy Appellant

No. 201900119

Decided: 30 September 2019. Appeal from the United States Navy-Marine Corps Trial Judiciary. Military Judge: Captain Arthur W. Record, JAGC, USN. Sentence adjudged 27 February 2019 by a special court-martial convened at Naval Base Kitsap Bremerton, Washington, consisting of a military judge sitting alone. Sentence approved by convening authority: reduction to E-1, confinement for 10 months, and a bad-conduct discharge 1. For Appellant: Lieutenant Commander Derek C. Hampton, JAGC, USN. For Appellee: Brian K. Keller, Esq.

1 The Convening Authority suspended confinement in excess of 114 days pursu- ant to a pretrial agreement. United States v. Moore, No. 201900119

_________________________

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

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, 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