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United States v. Landin, 201800054 (2018)

Court: Navy-Marine Corps Court of Criminal Appeals Number: 201800054 Visitors: 8
Filed: Jul. 12, 2018
Latest Update: Mar. 03, 2020
Summary: U NITED S TATES N AVY –M ARINE C ORPS C OURT OF C RIMINAL A PPEALS _ No. 201800054 _ UNITED STATES OF AMERICA Appellee v. ETHAN A. LANDIN Personnel Specialist Third (E-4), U.S. Navy Appellant _ Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judge: Lieutenant Colonel Leon J. Francis, USMC. Convening Authority: Commander, Navy Region Hawaii, Pearl Harbor HI. Staff Judge Advocate’s Recommendation: Lieutenant Commander Louis E. Butler, JAGC, USN. For Appellant: Major Maryan
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         U NITED S TATES N AVY –M ARINE C ORPS
             C OURT OF C RIMINAL A PPEALS
                         _________________________

                             No. 201800054
                         _________________________

                 UNITED STATES OF AMERICA
                                 Appellee
                                     v.
                         ETHAN A. LANDIN
              Personnel Specialist Third (E-4), U.S. Navy
                              Appellant
                       _________________________
 Appeal from the United States Navy-Marine Corps Trial Judiciary

   Military Judge: Lieutenant Colonel Leon J. Francis, USMC.
Convening Authority: Commander, Navy Region Hawaii, Pearl Harbor
                                 HI.
 Staff Judge Advocate’s Recommendation: Lieutenant Commander
                  Louis E. Butler, JAGC, USN.
        For Appellant: Major Maryann N. McGuire, USMC.
               For Appellee: Brian K. Keller, Esq.
                     _________________________

                          Decided 12 July 2018
                         _________________________

   Before H UTCHISON , S AYEGH , and S TEPHENS , Appellate Military
                                Judges
                       _________________________

   After careful consideration of the record, submitted without assignment of
error, we affirm the findings and sentence as approved by the convening
authority. Art. 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c).
The supplemental court-martial order will reflect that the government
withdrew the language of the greater offense of rape and dismissed it without
prejudice, to ripen into prejudice upon completion of appellate review; thus
the appellant was not found Not Guilty of the greater offense. Record at 351.
                                  For the Court


                                  R.H. TROIDL
                                  Clerk of Court

Source:  CourtListener

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