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United States v. McClary, 201900111 (2019)

Court: Navy-Marine Corps Court of Criminal Appeals Number: 201900111 Visitors: 2
Filed: Oct. 31, 2019
Latest Update: Mar. 03, 2020
Summary: UNITED STATES NMCCA NO. 201900111 Appellee Panel 2 v. ORDER Lamaont A. M C CLARY Lance Corporal (E-3) Granting Appellant’s Motion U. S. Marine Corps to Withdraw Case from Appellant Appellate Review On 30 September 2019, 1 the Court issued an Order Remanding Case for New Post-Trial Processing to correct the Statement of Trial Results, Conven- ing Authority Action, and Entry of Judgment, each of which had substantive errors. On 30 October 2019, Appellant moved to withdraw his case from appel- late
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UNITED STATES NMCCA NO. 201900111 Appellee Panel 2 v. ORDER Lamaont A. M C CLARY Lance Corporal (E-3) Granting Appellant’s Motion U. S. Marine Corps to Withdraw Case from Appellant Appellate Review On 30 September 2019, 1 the Court issued an Order Remanding Case for New Post-Trial Processing to correct the Statement of Trial Results, Conven- ing Authority Action, and Entry of Judgment, each of which had substantive errors. On 30 October 2019, Appellant moved to withdraw his case from appel- late review. Upon consideration of the record of trial and Appellant’s Motion to With- draw from Appellate Review, we have determined that Appellant’s request was properly executed and submitted, and is in substantial compliance with Article 61, UCMJ, and RULE FOR COURTS-MARTIAL 1115, MANUAL FOR COURTS-MAR- TIAL, UNITED STATES (2019 ed.). Accordingly, it is, by the Court, this 31st day of October 2019, ORDERED: (1) That the Court’s 30 September 2019 Order is withdrawn. (2) That the Entry of Judgment shall be corrected to reflect that Charge II and its Specification have been withdrawn and dismissed with prejudice. (3) That Appellant’s Motion to Withdraw Appellate Review is granted. (4) That the record of trial is returned to the Judge Advocate General for appropriate disposition. 1 The Court issued a corrected Order on 18 October 2019. FOR THE COURT: RODGER A. DREW, JR. Clerk of Court Copy to: NMCCA (51.2) 45 (CDR Federico) 46 (Maj Wiggins, LT Fiveson) 02
Source:  CourtListener

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