United States v. Westphal

This opinion is subject to administrative correction before final disposition.

Before

STEPHENS, DEERWESTER, and STARITA Appellate Military Judges _________________________ UNITED STATES

Appellee v.

Joshua A. WESTPHAL

Corporal (E-4), U.S. Marine Corps Appellant

No. 202000220

Decided: 31 March 2021 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge:

Andrea C. Goode

Sentence adjudged 20 August 2020 by a general court-martial con- vened at Marine Corps Base Camp Pendleton, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 18 months, and a bad-conduct dis- charge.

For Appellant:

Lieutenant Colonel Michael D. Berry, 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. Westphal, NMCCA No. 202000220 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.

The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court