United States v. Mostellar

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: July 27, 2020
• Docket: 202000025
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before KING, GASTON, and BAKER Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Matthew C. MOSTELLER Airman (E-3), U.S. Navy Appellant

No. 202000025

Decided: 27 July 2020

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judges: Stephen Reyes (arraignment) Aaron C. Rugh (trial)

Sentence adjudged 26 September 2019 by a general court-martial convened at Naval Base San Diego, California, consisting of a military judge sitting alone. Sentence approved by the convening authority: reduction to E-1, confinement for 42 months, 1 and a dishonorable discharge.

For Appellant: Lieutenant Commander Jonathan Riches, JAGC, USN

1 The convening authority suspended confinement in excess of 12 months pursu- ant to a pretrial agreement. United States v. Mosteller, NMCCA No. 202000025 Opinion of the Court

For Appellee: Brian K. Keller, Esq.

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 findings and sentence are correct in law and fact and that no error materially prejudicial to Appellant’s substantial rights occurred. Articles 59 and 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866. The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court