United States v. WESTOVER

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: October 18, 2021
• Docket: 202100192
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before STEPHENS, BAKER, and DEERWESTER Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Kyle B. WESTOVER Corporal (E-4), U.S. Marine Corps Appellant

No. 202100192

Decided: 18 October 2021

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Stephen F. Keane

Sentence adjudged 29 April 2021 by a general court-martial convened at Marine Corps Air Ground Combat Center Twentynine Palms, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 16 months, and a dishonorable discharge.

For Appellant: Commander Michael E. Maffei, JAGC, USN

For Appellee: Brian K. Keller, Esq. United States v. Westover, NMCCA No. 202100192 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. 1 The findings and sentence are AFFIRMED. 2

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

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

2 We note that Prosecution Exhibit 2 and 3 are unsealed, and yet contain explicit

images. We hereby order them sealed.