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U.S. v. HUTCHINS III

No. NMCCA 200800393 GENERAL COURT-MARTIAL.

UNITED STATES OF AMERICA v. LAWRENCE G. HUTCHINS III SERGEANT (E-5), U.S. MARINE CORPS.

UNITED STATES NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS, WASHINGTON, D.C.

April 22, 2010.

Attorney(s) appearing for the Case

For Appellant: Capt Jeffrey Liebenguth, USMC; Capt S. Kaza, USMCR.

For Appellee: Capt Mark Balfantz, USMC; Mr. Brian Keller, Esq.

GEISER, S.J., delivered the opinion of the court in which REISMEIER, C.J., MITCHELL and CARBERRY, S.JJ., and PERLAK, J., concur. MAKSYM, S.J., filed a concurring opinion joined by BEAL, J. BOOKER, S.J., filed an opinion concurring in the result. PRICE, J., filed an opinion concurring in part and dissenting in part.

PUBLISHED OPINION OF THE COURT

GEISER, Senior Judge.

A general court-martial with enlisted representation convicted the appellant, contrary to his pleas, of conspiracy, making a false official statement, unpremeditated murder, and larceny, in violation of Articles 81, 107, 118, and 121, Uniform Code of Military Justice, 10 U.S.C. §§ 881, 907, 918, and 921. The approved sentence was for reduction to pay grade E-1, confinement for 11 years, and a...

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