United States v. Fanelli

This opinion is subject to administrative correction before final disposition.

Before

GASTON, STEWART, and BAKER

Appellate Military Judges _________________________

UNITED STATES

Appellee v.

Keith T. FANELLI

Boatswain’s Mate Petty Officer Second Class (E-5), U.S. Navy

Appellant

No. 202000089 Decided: 27 October 2020

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Wilbur Lee

Sentence adjudged 23 December 2019 by a general court-martial convened at Joint Base Pearl Harbor-Hickam, Hawaii, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for eight months, forfeiture of all pay and allowances, and a bad-conduct discharge.

For Appellant:

Lieutenant Commander Jaqueline Leonard, 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).

United States v. Fanelli, NMCCA No. 202000089 Opinion of the Court _________________________

PER CURIAM:

After careful consideration of the record, submitted without assignment of error, we have determined that the findings and sentence are correct in law and fact and that no error materially prejudicial to Appellant’s substantial rights occurred. Uniform Code of Military Justice arts. 59, 66, 10 U.S.C. §§ 859, 866.

However, we note that the Entry of Judgment does not reflect the disposi- tion of the original Charge and Specification. Although we find no prejudice, Appellant is entitled to have court-martial records that correctly reflect the content of his proceeding. United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998). In accordance with Rule for Courts-Martial 1111(c)(2), we modify the Entry of Judgment and direct that it be included in the record.

The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

UNITED STATES NMCCA NO. 202000089

v. ENTRY

OF Keith T. FANELLI JUDGMENT Boatswain’s Mate Petty Officer Second Class (E-5) As Modified on Appeal U.S. Navy

Accused

27 October 2020 On 23 December 2019, the Accused was tried at Joint Base Pearl Harbor-

Hickam, Hawaii, by a general court-martial, consisting of a military judge sitting alone. Military Judge Wilbur Lee presided.

FINDINGS

The following are the Accused’s pleas and the Court’s findings to all offenses the convening authority referred to trial:

Charge: Violation of Article 120, Uniform Code of Military Justice,

10 U.S.C. § 920.

Plea: Not Guilty.

Finding: Dismissed.

Specification: Sexual Assault on or about 18 June 2018.

Plea: Not Guilty.

Finding: Dismissed.

Additional Charge I: Violation of Article 128, Uniform Code of Military Justice,

10 U.S.C. § 928.

Plea: Guilty.

Finding: Guilty.

United States v. Fanelli, NMCCA No. 202000089 Modified Entry of Judgment

Specification: Assault Consummated by a Battery on or about

18 June 2018.

Plea: Guilty.

Finding: Guilty.

Additional Charge II: Violation of Article 107, Uniform Code of Military Justice,

10 U.S.C. § 907.

Plea: Guilty.

Finding: Guilty.

Specification: False Official Statement on or about 16 July 2018.

Plea: Guilty.

Finding: Guilty.

SENTENCE

On 23 December 2019, a military judge sentenced the Accused to the following:

Reduction to pay grade E-1.

Confinement for 8 months.

Forfeiture of all pay and allowances.

A bad-conduct discharge.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court