United States v. Klesel

United States Navy-Marine Corps Court of Criminal Appeals _________________________ UNITED STATES Appellee v. Timothy C. KLESEL Captain (O-3), U.S. Marine Corps Appellant No. 201900011 Appeal from the United States Navy-Marine Corps Trial Judiciary.

Decided: 17 April 2019.

Military Judge: Lieutenant Colonel Michael D. Libretto, USMC.

Sentence adjudged 29 June 2018 by a general court-martial convened at Marine Corps Recruit Depot, Parris Island, South Carolina, consist- ing of a military judge sitting alone. Sentence approved by convening authority: confinement for 28 years, 1 and a dismissal.

For Appellant: Lieutenant Colonel Lee C. Kindlon, USMCR.

For Appellee: Brian K. Keller, Esq. _________________________ This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a). _________________________

1The Convening Authority suspended confinement in excess of 8 years pursuant to a pretrial agreement.

United States v. Klesel, No. 201900011

Before HUTCHINSON, TANG, and KOVAC, 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 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