United States v. Foshee

U NITED S TATES N AVY –M ARINE C ORPS

C OURT OF C RIMINAL A PPEALS _________________________ No. 201600319 _________________________ UNITED STATES OF AMERICA

Appellee v.

JESSE R. FOSHEE

Private First Class (E-2), United States Marine Corps Appellant _________________________

Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge: Colonel James K. Carberry, USMC.

For Appellant: Major Lee C. Kindlon, USMCR.

For Appellee: Brian K. Keller, Esq. _________________________

Decided 27 October 2016 _________________________ Before C AMPBELL , R UGH , and H UTCHISON , Appellate Military Judges _________________________

After careful consideration of the record, submitted without assignment of error, we affirm the findings and sentence as approved by the convening authority. Art. 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c). The supplemental promulgating order will reflect that Charge V was merged with Charge II for sentencing and that service of all confinement in excess of four months to be suspended pursuant to the terms of the pretrial agreement was deferred, the period of deferral terminating on 7 September 2016. United States v. Crumpley, 49 M.J. 538,539 (N.M.Ct.Crim.App. 1998).

For the Court

R.H. TROIDL

Clerk of Court