United States v. Kellogg ( 2020 )

This opinion is subject to administrative correction before final disposition.
Before
CRISFIELD, GASTON, and PENNIX
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Stephen KELLOGG III
Electrician’s Mate Nuclear Power Second Class (E-5), U.S. Navy
Appellant
No. 201900253
Decided: 8 July 2020
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Jonathan T. Stephens
Sentence adjudged on 16 May 2019 by a general court-martial convened
at Naval Base San Diego, California, consisting of a military judge sitting
alone. Sentence in the Entry of Judgment: reduction to E-1, confinement
for three years, and a dishonorable discharge.
For Appellant:
Lieutenant Commander W. Scott Stoebner, JAGC, USN
For Appellee:
Brian K. Keller, Esq.
_________________________
This opinion does not serve as binding precedent under
NMCCA Rule of Appellate Procedure 30.2(a).
_________________________
United States v. Kellogg, No. 201900253
Opinion of the Court
PER CURIAM:
After careful consideration of the record, submitted without assignment of
error, we have determined that the approved findings and sentence are cor-
rect in law and fact and that no error materially prejudicial to Appellant’s
substantial rights occurred. Articles 59 and 66, Uniform Code of Military Jus-
tice, 10 U.S.C. §§ 859, 866.
The findings and sentence are AFFIRMED.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
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