United States v. Fanelli ( 2020 )

This opinion is subject to administrative correction before final disposition.
Before
GASTON, STEWART, and BAKER
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Keith T. FANELLI
Boatswain’s Mate Petty Officer Second Class (E-5), U.S. Navy
Appellant
No. 202000089
Decided: 27 October 2020
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Wilbur Lee
Sentence adjudged 23 December 2019 by a general court-martial
convened at Joint Base Pearl Harbor-Hickam, Hawaii, consisting of a
military judge sitting alone. Sentence in the Entry of Judgment:
reduction to E-1, confinement for eight months, forfeiture of all pay
and allowances, and a bad-conduct discharge.
For Appellant:
Lieutenant Commander Jaqueline Leonard, 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. Fanelli, NMCCA No. 202000089
Opinion of the Court
_________________________
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. Uniform Code of Military Justice arts. 59, 66, 10 U.S.C.
§§ 859, 866.
However, we note that the Entry of Judgment does not reflect the disposi-
tion of the original Charge and Specification. Although we find no prejudice,
Appellant is entitled to have court-martial records that correctly reflect the
content of his proceeding. United States v. Crumpley, 49 M.J. 538, 539 (N-M.
Ct. Crim. App. 1998). In accordance with Rule for Courts-Martial 1111(c)(2),
we modify the Entry of Judgment and direct that it be included in the record.
The findings and sentence are AFFIRMED.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
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UNITED STATES NMCCA NO. 202000089
v. ENTRY
OF
Keith T. FANELLI JUDGMENT
Boatswain’s Mate Petty Officer
Second Class (E-5) As Modified on Appeal
U.S. Navy
Accused
27 October 2020
On 23 December 2019, the Accused was tried at Joint Base Pearl Harbor-
Hickam, Hawaii, by a general court-martial, consisting of a military judge sitting
alone. Military Judge Wilbur Lee presided.
FINDINGS
The following are the Accused’s pleas and the Court’s findings to all offenses the
convening authority referred to trial:
Charge: Violation of Article 120, Uniform Code of Military Justice,
10 U.S.C. § 920.
Plea: Not Guilty.
Finding: Dismissed.
Specification: Sexual Assault on or about 18 June 2018.
Plea: Not Guilty.
Finding: Dismissed.
Additional
Charge I: Violation of Article 128, Uniform Code of Military Justice,
10 U.S.C. § 928.
Plea: Guilty.
Finding: Guilty.
United States v. Fanelli, NMCCA No. 202000089
Modified Entry of Judgment
Specification: Assault Consummated by a Battery on or about
18 June 2018.
Plea: Guilty.
Finding: Guilty.
Additional
Charge II: Violation of Article 107, Uniform Code of Military Justice,
10 U.S.C. § 907.
Plea: Guilty.
Finding: Guilty.
Specification: False Official Statement on or about 16 July 2018.
Plea: Guilty.
Finding: Guilty.
SENTENCE
On 23 December 2019, a military judge sentenced the Accused to the following:
Reduction to pay grade E-1.
Confinement for 8 months.
Forfeiture of all pay and allowances.
A bad-conduct discharge.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
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