United States v. SPENELLI

This opinion is subject to administrative correction before final disposition.

Before KISOR, BAKER, and DALY Appellate Military Judges _________________________ UNITED STATES Appellee v. Ethan W. SPENELLI Aviation Machinist’s Mate Airman Apprentice (E-2), U.S. Navy Appellant No. 202300194 _________________________ Decided: 7 February 2024 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge: Kimberly J. Kelly Sentence adjudged 29 March 2023 by a general court-martial convened at Naval Station Mayport, Florida, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confine- ment for 24 months, and a dishonorable discharge.

For Appellant: Commander Kyle C. Kneese, JAGC, USN United States v. Spenelli, NMCCA No. 202300194 Opinion of the Court _________________________ This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a).

_________________________ PER CURIAM: After careful consideration of the record, submitted without assignment of error, and Appellant having not challenged the factual sufficiency of this case, we have determined that the findings are correct in law, the sentence is correct in law and fact, and that no error materially prejudicial to Appellant’s substan- tial rights occurred. 1 The findings and sentence are AFFIRMED.

FOR THE COURT:

MARK K. JAMISON Clerk of Court

1 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.