United States v. WESTOVER ( 2021 )

This opinion is subject to administrative correction before final disposition.
Before
STEPHENS, BAKER, and DEERWESTER
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Kyle B. WESTOVER
Corporal (E-4), U.S. Marine Corps
Appellant
No. 202100192
Decided: 18 October 2021
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge:
Stephen F. Keane
Sentence adjudged 29 April 2021 by a general court-martial convened
at Marine Corps Air Ground Combat Center Twentynine Palms,
California, consisting of a military judge sitting alone. Sentence in the
Entry of Judgment: reduction to E-1, confinement for 16 months, and
a dishonorable discharge.
For Appellant:
Commander Michael E. Maffei, JAGC, USN
For Appellee:
Brian K. Keller, Esq.
United States v. Westover, NMCCA No. 202100192
Opinion of the Court
_________________________
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. 1
The findings and sentence are AFFIRMED. 2
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
1 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866..
2 We note that Prosecution Exhibit 2 and 3 are unsealed, and yet contain explicit
images. We hereby order them sealed.
2