United States v. Montealegrecharro II

This opinion is subject to administrative correction before final disposition.

Before

GASTON, BAKER, and HOUTZ

Appellate Military Judges _________________________

UNITED STATES

Appellee v.

Victor MONTEALEGRECHARRO

Aviation Boatswain’s Mate Aircraft Handler Airman (E-3) U.S. Navy

Appellant

No. 201900303

Decided: 23 May 2022

Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judges:

Ann K. Minami (arraignment)

Kimberly J. Kelly (trial)

Sentence adjudged 8 August 2019 by a special court-martial convened at Naval Base Kitsap, Bremerton, Washington, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1 and confinement for ten months. 1

For Appellant:

Major Mary Claire Finnen, USMC

United States v. Montealegrecharro, NMCCA No. 201900303 Opinion of the Court

For Appellee:

Lieutenant Catherine M. Crochetiere, JAGC, USN _________________________ This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a).

_________________________ PER CURIAM:

This case is before us for review a second time. During our initial review, we set aside the Convening Authority Action [CA Action] and Entry of Judg- ment [EOJ] and remanded for new post-trial processing. 2 Following completion of the new CA Action and EOJ, the case has returned to the Court for comple- tion of appellate review.

After careful consideration of the record, submitted without further assign- ment 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 substan- tial rights occurred. 3

The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court