United States v. Thomas

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: February 28, 2019
• Docket: 201800310
• Status: Published

Opinion

United States Navy–Marine Corps Court of Criminal Appeals _________________________

UNITED STATES Appellee

v.

John J. THOMAS Aviation Boatswain’s (Handling) Third Class, U.S. Navy Appellant

No. 201800310

Appeal from the United States Navy-Marine Corps Trial Judiciary Decided: 28 February 2019. Military Judge: Captain Ann K. Minami, JAGC, USN. Sentence adjudged 12 July 2018 by a special court-martial convened at Naval Base Kitsap, Bremerton, Washington, consisting of a mili- tary judge sitting alone. Sentence approved by convening authority: reduction to E-1, confinement for 8 months, and a bad-conduct dis- charge. For Appellant: Captain Scott F. Hallauer, 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). _________________________

Before HUTCHISON, TANG, and FOIL Appellate Military Judges. United States v. Thomas, No. 201800310

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

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court