DocketNumber: 201800336
Filed Date: 3/25/2019
Status: Precedential
Modified Date: 3/27/2019
United States Navy–Marine Corps Court of Criminal Appeals _________________________ UNITED STATES Appellee v. Andre A. NELSON Sergeant (E-5), U.S. Marine Corps Appellant No. 201800336 Appeal from the United States Navy-Marine Corps Trial Judiciary. Decided: 25 March 2019. Military Judges: Lieutenant Colonel Mark Sameit, USMC (arraignment); Lieutenant Colonel John P. Norman, USMC (trial). Sentence adjudged 11 September 2018 by a general court-martial con- vened at Marine Corps Base Camp Pendleton, California, consisting of a military judge sitting alone. Sentence approved by convening au- thority: reduction to E-1, total forfeiture of pay and allowances, con- finement for 12 months, 1 and a dishonorable discharge. For Appellant: Commander Richard E.N. Federico, 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). _________________________ 1 The Convening Authority suspended confinement in excess of 10 months pursu- ant to a pretrial agreement. United States v. Nelson, No. 201800336 Before WOODARD, HITESMAN, and ELLINGTON, Appellate Military Judges. 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(a) and 66(c), UCMJ,10 U.S.C. §§ 859
(a), 866(c). The findings and sentence as approved by the convening authority are AFFIRMED. FOR THE COURT: RODGER A. DREW, JR. Clerk of Court 2