United States v. Osborne

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: April 28, 2021
• Docket: 202000267
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before GASTON, HOLIFIELD, and HOUTZ Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Kyle A. OSBORNE Aviation Electronics Technician Third Class (E-4), U.S. Navy Appellant

No. 202000267

Decided: 28 April 2021

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Hayes C. Larsen (arraignment) Andrew E. Carmichael (trial)

Sentence adjudged 28 July 2020 by a general court-martial convened at Naval Station Norfolk, Virginia, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 45 months, and a dishonorable discharge.

For Appellant: Captain Thomas P. Belsky, JAGC, USN

For Appellee: Brian K. Keller, Esq. United States v. Osborne, NMCCA No. 202000267 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. Uniform Code of Military Justice arts. 59, 66, 10 U.S.C. §§ 859, 866. The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court