DocketNumber： 201900071
Filed Date： 8/29/2019
Status： Precedential
Modified Date： 9/3/2019
This opinion is subject to administrative correction before final disposition. Before FULTON, CRISFIELD, and C. STEPHENS 1 Appellate Military Judges _________________________ UNITED STATES Appellee v. Joshua N. PRUITT Boatswain’s Mate Second Class (E-5), U.S. Navy Appellant No. 201900071 Decided: 29 August 2019. Appeal from the United States Navy-Marine Corps Trial Judiciary. Military Judge: Captain Jonathan T. Stephens, JAGC, USN. Sentence adjudged 23 October 2018 by a special court-martial convened at Western Judicial Circuit Courthouse, Naval Base San Diego, Califor- nia, consisting of a military judge sitting alone. Sentence approved by the convening authority: reduction to E-1, confinement for 6 months, and a bad-conduct discharge. For Appellant: Lieutenant Commander Derek C. Hampton, 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 Appellate Judge Carrie Stephens, Captain, JAGC, USN, is not related to the Military Judge, Jonathan Stephens, Captain, JAGC, USN. United States v. Pruitt, No. 201900071 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 the appellant’s substantial rights occurred. Articles 59 and 66, UCMJ,10 U.S.C. §§ 859
, 866. However, the convening authority’s action contains erroneous infor- mation. In the discussion of Specification 8 of Charge I, the action references footnote 5. The correct reference is footnote 7. In footnote 7, it states that Specifications 5 and 8 of Charge I were withdrawn and dismissed. In fact, Specifications 6 and 8 were withdrawn and dismissed. These errors shall be corrected in the promulgating order. The findings and sentence as approved by the convening authority are AFFIRMED. FOR THE COURT: RODGER A. DREW, JR. Clerk of Court 2