United States v. Poindexter

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: February 7, 2019
• Docket: 201800280
• Status: Published

Opinion

United States Navy–Marine Corps Court of Criminal Appeals _________________________

UNITED STATES Appellee

v.

Joshua A. POINDEXTER Lance Corporal (E-3), U.S. Marine Corps Appellant _________________________

No. 201800280 _________________________

Appeal from the United States Navy-Marine Corps Trial Judiciary. Decided: 7 February 2019 _________________________

Military Judge: Lieutenant Colonel Eugene H. Robinson, Jr., USMC. Approved Sentence: Reduction to E-1, total forfeiture of pay and allow- ances, confinement for 4 years 1 and a dishonorable discharge. Sen- Camp Foster, Okinawa, Japan, consisting of a military judge sitting alone. For Appellant: Lieutenant Commander Paul D. Jenkins, JAGC, USN. For Appellee: Brian K. Keller, Esq. _________________________

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

1 The Convening Authority suspended confinement in excess of 36 months pursu- ant to a pretrial agreement. United States v. Poindexter, No. 201800280

_________________________

Before WOODARD, HUTCHISON, and TANG Appellate Military Judges.

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(a) and 66(c), UCMJ, 10 U.S.C. §§ 859(a), 866(c). The findings and sentence as approved by the convening authority are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court