Case Information
*2 DALY, Chief Judge:
This case is before us a second time. Appellant was charged with one spec- ification of involuntary manslaughter, one specification of obstruction of jus- tice, and one specification of negligent homicide in violation of Articles 119, 131b, and 134, Uniform Code of Military Justice (UCMJ). [1] Appellant entered mixed pleas, pleading guilty to negligent homicide and not guilty to involun- tary manslaughter and obstruction of justice. A military judge, sitting alone, convicted Appellant of negligent homicide and involuntary manslaughter, but found him not guilty of obstruction of justice. [2]
On appeal, Appellant asserted one assignment of error: whether the evi- dence is legally and factually sufficient to support his conviction of involuntary manslaughter. We found no prejudicial error and affirmed. [3]
The United States Court of Appeals for the Armed Forces (CAAF) summar- ily set aside our decision and returned the record of trial to the Judge Advocate General of the Navy for remand to us to conduct a new factual sufficiency re- view consistent with its decision in United States v. Harvey [4] and Article 66, UCMJ. Applying the appropriate standard, we again affirm Appellant’s con- viction for involuntary manslaughter.
After careful consideration of the record and briefs of appellate counsel, and the oral arguments of both counsel, we have determined that the findings and sentence are correct in law and fact and that no error materially prejudicial to Appellant’s substantial rights occurred.
The findings and sentence are AFFIRMED .
FOR THE COURT: MARK K. JAMISON Clerk of Court
[1] 10 U.S.C. §§ 919, 931b, 934.
[2] After findings, the military judge conditionally dismissed Appellant’s conviction for negligent homicide and sentenced Appellant for involuntary manslaughter.
[3] No. 202300019, 2024 CCA LEXIS 296 (N-M. Ct. Crim. App. Jul. 23, 2024) (un- published), set aside , No. 24-0233/MC, __ M.J. __, 2024 CAAF LEXIS 738 (C.A.A.F. Nov. 20, 2024) (mem.).
[4] 85 M.J. 127 (C.A.A.F. 2024).
[5] 10 U.S.C. § 866.
[6] Articles 59 & 66, UCMJ, 10 U.S.C. §§ 859, 866.