United States v. Pobst

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: April 22, 2020
• Docket: 202000012
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before KING, STEPHENS, and BAKER, Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Sean P. POBST Airman (E-3), U.S. Navy Appellant

No. 202000012

Decided: 23 April 2020

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Ryan J. Stormer

Sentence adjudged 25 September 2019 by a special court-martial con- vened at Naval District Washington, consisting of a military judge sit- ting alone. Sentence in the Entry of Judgment: reduction to E-1 1, con- finement for 10 months, and a bad-conduct discharge.

For Appellant: Captain James C. Bailey, JAGC, USN

For Appellee: Brian K. Keller, Esq.

1 The convening authority suspended reduction below grade E-2 for 10 months. United States v. Pobst, NMCCA No. 202000012 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. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866. The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court