United States v. Oniel

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: January 13, 2022
• Docket: 202100146
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HOLIFIELD, STEWART, and HACKEL Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Javante T. ONIEL Master at Arms Third Class (E-4), U.S. Navy Appellant

No. 202100146

Decided: 13 January 2022

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Kimberly J. Kelly

Sentence adjudged 3 February 2021 by a general court-martial con- vened at Naval Base Kitsap, Washington, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, con- finement for 364 days, 1 a fine of $7,500.00, and a bad-conduct discharge.

For Appellant: Lieutenant Commander Doug Ottenwess, JAGC, USN

1 The convening authority suspended 20 days of confinement in accordance with the recommendation of the military judge. Appellant received 238 days of pretrial con- finement credit. United States v. Oniel, NMCCA No. 202100146 Opinion of the Court

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. 2 The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

2 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.