United States v. Mostellar ( 2020 )

This opinion is subject to administrative correction before final disposition.
Before
KING, GASTON, and BAKER
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Matthew C. MOSTELLER
Airman (E-3), U.S. Navy
Appellant
No. 202000025
Decided: 27 July 2020
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judges:
Stephen Reyes (arraignment)
Aaron C. Rugh (trial)
Sentence adjudged 26 September 2019 by a general court-martial
convened at Naval Base San Diego, California, consisting of a military
judge sitting alone. Sentence approved by the convening authority:
reduction to E-1, confinement for 42 months, 1 and a dishonorable
discharge.
For Appellant:
Lieutenant Commander Jonathan Riches, JAGC, USN
1 The convening authority suspended confinement in excess of 12 months pursu-
ant to a pretrial agreement.
United States v. Mosteller, NMCCA No. 202000025
Opinion of the Court
For Appellee:
Brian K. Keller, Esq.
_________________________
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. Articles 59 and 66, Uniform Code of Military Justice, 10
U.S.C. §§ 859, 866.
The findings and sentence are AFFIRMED.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
2