         U NITED S TATES N AVY –M ARINE C ORPS
             C OURT OF C RIMINAL A PPEALS
                         _________________________

                             No. 201600319
                         _________________________

                 UNITED STATES OF AMERICA
                                  Appellee
                                     v.
                          JESSE R. FOSHEE
        Private First Class (E-2), United States Marine Corps
                              Appellant
                       _________________________
 Appeal from the United States Navy-Marine Corps Trial Judiciary

         Military Judge: Colonel James K. Carberry, USMC.
           For Appellant: Major Lee C. Kindlon, USMCR.
                 For Appellee: Brian K. Keller, Esq.
                      _________________________

                         Decided 27 October 2016
                         _________________________

Before C AMPBELL , R UGH , and H UTCHISON , 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 promulgating order will reflect that Charge V was merged
with Charge II for sentencing and that service of all confinement in excess of
four months to be suspended pursuant to the terms of the pretrial agreement
was deferred, the period of deferral terminating on 7 September 2016.
United States v. Crumpley, 49 M.J. 538,539 (N.M.Ct.Crim.App. 1998).


                               For the Court



                               R.H. TROIDL
                               Clerk of Court
