United States v. SPENELLI

Navy-Marine Corps Court of Criminal Appeals·Decided February 7, 2024·No. 202300194·Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before

KISOR, BAKER, and DALY Appellate Military Judges

UNITED STATES

Appellee

v.

Ethan W. SPENELLI

Aviation Machinist’s Mate Airman Apprentice (E-2), U.S. Navy Appellant

No. 202300194

Decided: 7 February 2024

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Kimberly J. Kelly

Sentence adjudged 29 March 2023 by a general court-martial convened at Naval Station Mayport, Florida, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 24 months, and a dishonorable discharge.

For Appellant:

Commander Kyle C. Kneese, JAGC, USN

United States v. Spenelli, NMCCA No. 202300194 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, and Appellant having not challenged the factual sufficiency of this case, we have determined that the findings are correct in law, the sentence is correct in law and fact, and that no error materially prejudicial to Appellant’s substantial rights occurred. 1 The findings and sentence are AFFIRMED.

FOR THE COURT:

MARK K. JAMISON Clerk of Court

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

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United States v. SPENELLI, (N.M. 2024).

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