United States v. Whitsell

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: January 27, 2021
• Docket: 202000119
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before GASTON, STEWART, and BAKER Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Steven R. WHITSELL Corporal (E-4), U.S. Marine Corps Appellant

No. 202000119

Decided: 27 January 2021

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Mark D. Sameit

Sentence adjudged 18 March 2020 by a general court-martial con- vened at Marine Corps Base Camp Foster, Okinawa, Japan, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for eighteen months, 1 and a dishonora- ble discharge.

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

For Appellee: Brian K. Keller, Esq.

1 Upon recommendation of the military judge, the convening authority suspended four months of confinement. United States v. Whitsell, NMCCA No. 202000119 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. Uniform Code of Military Justice arts. 59, 66, 10 U.S.C. §§ 859, 866. The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court