United States v. Olivarez ( 2014 )

UNITED STATES NAVY-MARINE CORPS
COURT OF CRIMINAL APPEALS
WASHINGTON, D.C.
Before
J.R. MCFARLANE, K.J. BRUBAKER, J.P. LISIECKI
Appellate Military Judges
UNITED STATES OF AMERICA
v.
MARCELINO C. OLIVAREZ
AVIATION BOATSWAIN'S MATE (EQUIPMENT) (E-6), U.S. NAVY
NMCCA 201400223
GENERAL COURT-MARTIAL
Sentence Adjudged: 28 February 2014.
Military Judge: CAPT Bethany Payton-O’Brien, JAGC, USN.
Convening Authority: Commander, Navy Region Northwest,
Silverdale, WA.
Staff Judge Advocate's Recommendation: LCDR D.E. Reike,
JAGC, USN.
For Appellant: LT Ryan W. Aikin, JAGC, USN.
For Appellee: Mr. Brian K. Keller, JAGC, USN.
26 August 2014
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OPINION OF THE COURT
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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 as to Specification 5
under Charge III the appellant was found guilty of the lesser
included offense of assault and battery under Article 128, UCMJ,
excepting the words “on divers occasions.”
For the Court
R.H. TROIDL
Clerk of Court