No. 23-0126/NA. U.S. v. Rill A. Thompson. CCA 202100205. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, we note that the general court-martial adjudged a sentence consisting of confinement for 21 years and a dishonorable discharge and that the convening authority approved that sentence.
However, the lower court first stated the following: "Sentence in the Entry of Judgment: reduction to E-1, confinement for 21 years, forfeiture of all pay and allowances, and a dishonorable discharge," and then later affirmed the sentence. United States v. Thompson, No. 202100205, slip op. at 1 (N-M. Ct. Crim. App. Jan. 18, 2023). Actually, the Entry of Judgment stated that "[t]he Convening Authority approved the sentence of 21 years confinement and a dishonorable discharge." Rill A. Thompson Entry of Judgment of July 16, 2021 at 2.
Accordingly, it is ordered that said petition is granted on the following specified issue:
WHETHER THE UNITED STATES NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED BY PURPORTING TO AFFIRM A "REDUCTION TO E-1" AND "FORFEITURE OF ALL PAY AND ALLOWANCES" WHERE NO SUCH PUNISHMENTS WERE ADJUDGED AT THE COURT-MARTIAL.
The decision of the lower court is affirmed as to findings and to only so much of the sentence as provides for confinement for 21 years and a dishonorable discharge.
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