United States v. Hightower ( 2021 )

This opinion is subject to administrative correction before final disposition.
Before
STEPHENS, STARITA, and DEERWESTER
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Otis L. HIGHTOWER
Retail Services Specialist Seaman (E-3), U.S. Navy
Appellant
No. 202100023
Decided: 29 April 2021
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Donald R. Ostrom
Sentence adjudged 15 October 2020 by a special court-martial con-
vened at Naval Station Norfolk, Virginia, consisting of a military
judge sitting alone. Sentence in the Entry of Judgment: reduction to
E-1, confinement for 8 months, and a bad-conduct discharge. 1
For Appellant:
Captain Thomas P. Belsky, JAGC, USNR
For Appellee:
Brian K. Keller, Esq.
1 The convening authority suspended the bad-conduct discharge until adminis-
trative processing is complete pursuant to a plea agreement.
United States v. Hightower, NMCCA No. 202100023
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
2