United States v. Montney ( 2019 )


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  •          United States Navy–Marine Corps
    Court of Criminal Appeals
    _________________________
    UNITED STATES
    Appellee
    v.
    Jordan W. MONTNEY
    Lance Corporal (E-3), U.S. Marine Corps
    Appellant
    _________________________
    No. 201800262
    _________________________
    Appeal from the United States Navy-Marine Corps Trial Judiciary.
    Decided: 25 January 2019.
    _________________________
    Military Judge: Lieutenant Colonel Eugene H. Robinson, Jr., USMC
    Approved Sentence: A reprimand, reduction to E-1, forfeiture of $1,092
    pay per month for 12 months, confinement for 12 months, 1 and a bad-
    conduct discharge. Sentence adjudged 25 May 2018 by a special court-
    martial convened at Camp Foster, Okinawa, Japan, consisting of a
    military judge sitting alone.
    For Appellant: Major James S. Kresge, USMCR.
    For Appellee: Brian K. Keller, Esq.
    _________________________
    This opinion does not serve as binding precedent under
    NMCCA Rule of Appellate Procedure 30.2(a).
    _________________________
    1 The Convening Authority suspended confinement in excess of 10 months
    pursuant to a pretrial agreement.
    United States v. Montney, No. 201800262
    Before HUTCHISON, TANG, and STEPHENS,
    Appellate Military Judges.
    PER CURIAM:
    After careful consideration of the record, submitted without assignment of
    error, we have determined that the approved findings and sentence are
    correct in law and fact and that no error materially prejudicial to Appellant’s
    substantial rights occurred. Articles 59(a) and 66(c), UCMJ, 10 U.S.C. §§
    859(a), 866(c).
    The findings and sentence as approved by the convening authority are
    AFFIRMED.
    FOR THE COURT:
    RODGER A. DREW, JR.
    Clerk of Court
    2
    

Document Info

Docket Number: 201800262

Filed Date: 1/25/2019

Precedential Status: Precedential

Modified Date: 1/28/2019