United States v. Landin ( 2018 )

U NITED S TATES N AVY –M ARINE C ORPS
C OURT OF C RIMINAL A PPEALS
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No. 201800054
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UNITED STATES OF AMERICA
Appellee
v.
ETHAN A. LANDIN
Personnel Specialist Third (E-4), U.S. Navy
Appellant
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Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge: Lieutenant Colonel Leon J. Francis, USMC.
Convening Authority: Commander, Navy Region Hawaii, Pearl Harbor
HI.
Staff Judge Advocate’s Recommendation: Lieutenant Commander
Louis E. Butler, JAGC, USN.
For Appellant: Major Maryann N. McGuire, USMC.
For Appellee: Brian K. Keller, Esq.
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Decided 12 July 2018
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Before H UTCHISON , S AYEGH , and S TEPHENS , Appellate Military
Judges
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After careful consideration of the record, submitted without assignment of
error, we affirm the findings and sentence as approved by the convening
authority. Art. 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c).
The supplemental court-martial order will reflect that the government
withdrew the language of the greater offense of rape and dismissed it without
prejudice, to ripen into prejudice upon completion of appellate review; thus
the appellant was not found Not Guilty of the greater offense. Record at 351.
For the Court
R.H. TROIDL
Clerk of Court