United States v. McCreary

United States Navy–Marine Corps

Court of Criminal Appeals

_________________________

UNITED STATES

Appellee v.

Brian E. McCREARY, Jr.

Personnel Specialist Third Class (E-4), U.S. Navy

Appellant No. 201800352

Appeal from the United States Navy-Marine Corps Trial Judiciary.

Decided: 6 March 2019. Military Judge:

Commander Hayes Larsen, JAGC, USN.

Sentence adjudged 20 July 2018 by a general court-martial convened at Naval Station Norfolk, VA consisting of a military judge sitting alone. Sentence approved by convening authority: confinement for 7 months, a fine in the amount of $2,268.00, and a bad-conduct discharge.

For Appellant: Commander Robert D. Evans, Jr., 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).

_________________________

Before WOODARD, HUTCHISON, and ELLINGTON

Appellate Military Judges.

United States v. McCreary, No. 201800352 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 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