United States v. Henry

U NITED S TATES N AVY –M ARINE C ORPS C OURT OF C RIMINAL A PPEALS _________________________ No. 201700259 _________________________ UNITED STATES OF AMERICA Appellee v. JOSHUA E. HENRY Lance Corporal (E-3), U.S. Marine Corps Appellant _________________________ Appeal from the United States Navy -Marine Corps Trial Judiciary Military Judge: Major Emily A. Jackson-Hall, USMC. Convening Authority: Commanding General, 2d Marine Division, Camp Lejeune, NC. Staff Judge Advocate’s Recommendation: Captain Scott A. Beimer, USMC. For Appellant: Captain Bree A. Ermentrout, JAGC, USN. For Appellee: Brian K. Keller, Esq. _________________________ Decided 8 November 2017 _________________________ Before M ARKS , J ONES , and P RICE , 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 Charge II and its specification and Additional Charge II and its specification were dismissed by the convening authority without prejudice following the announcement of the sentence to ripen into prejudice upon completion of appellate review. For the Court R.H. TROIDL Clerk of Court