United States v. McElroy

This opinion is subject to administrative correction before final disposition.
Before
FULTON, HITESMAN, and KOVAC,
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Nicholas J. M C ELROY
Cryptologic Technician Interpretive Petty Officer Second Class
(E-5), U.S. Navy
Appellant
No. 201900106
Decided: 29 August 2019.
Appeal from the United States Navy-Marine Corps Trial Judiciary.
Military Judge: Lieutenant Colonel Wilbur Lee, USMC. Sentence ad-
judged 28 February 2019 by a general court-martial convened at Joint
Base Pearl Harbor-Hickam, Hawaii, consisting of a military judge sit-
ting alone. Sentence approved by the convening authority: reduction to
E-1, confinement for 75 days, 1 and a bad-conduct discharge.
For Appellant: Captain Scott F. Hallauer, 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 56 days pursuant
to a pretrial agreement.
United States v. McElroy, No. 201900106
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.
The findings and sentence as approved by the convening authority are
AFFIRMED.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
2