United States v. SPENCER
CourtNavy-Marine Corps Court of Criminal Appeals
Date FiledAugust 24, 2026
Docket202400328
StatusPublished
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Full Opinion
This opinion is subject to administrative correction before final disposition.
Before
KISOR, HARRELL, and de GROOT
_________________________
UNITED STATES
Appellee
v.
Braxston C. SPENCER
Lance Corporal (E-3), U.S. Marine Corps
Appellant
No. 202400328 (f rev)
_________________________
Decided: 24 August 2026
Appeal from the United States Navy-Marine Corps Trial Judiciary
upon further review following remand from
the United States Court of Appeals for the Armed Forces
Military Judge:
Aran T. Walsh (arraignment)
Matthew M. Harris (Trial)
Sentence adjudged 13 May 2024 by a special court-martial tried at Ma-
rine Corps Base Camp Pendleton, California, consisting of a military
judge sitting alone. Sentence in the Entry of Judgment: reduction to E-
1, confinement for 60 days, forfeiture of $1,344.00 pay per month for
two months, and a bad-conduct discharge.
For Appellant:
Lieutenant Commander Michael W. Wester, JAGC, USN
For Appellee:
Lieutenant Commander Philip J. Corrigan, JAGC, USN
United States v. Spencer, NMCCA No. 202400328
Opinion of the Court
_________________________
This opinion does not serve as binding
precedent but may be cited as persuasive
authority under NMCCA Rule of Appellate
Procedure 30.2.
_________________________
PER CURIAM:
This case is before us upon remand from the Court of Appeals for the Armed
Forces (CAAF), which affirmed the findings of guilty but set aside our decision
as to the sentence. 1
I. BACKGROUND
Appellant was charged with four specifications of larceny in violation of
Article 121, Uniform Code of Military Justice (UCMJ). 2 He ultimately pleaded
guilty to all four specifications in accordance with a plea agreement. Appellant
argued before this Court that his sentence to a bad-conduct discharge was in-
appropriately severe, and he requested that we set it aside. We disagreed and
affirmed the findings and sentence. 3
Appellant appealed this decision to the CAAF, arguing that we failed to
independently review the appropriateness of the sentence. The CAAF agreed
with Appellant that we articulated our decision in a way that made it unclear
whether we conducted an independent review of the sentence to determine
whether it was an appropriate sentence. 4 While the CAAF affirmed our deci-
sion as to the findings, it set aside our decision as to the sentence, remanding
the case to this Court for a new review of the sentence under Article 66,
UCMJ. 5 After this case was remanded to this Court, Appellant provided new
briefing to this Court and is now requesting that we set aside the reduction in
1 United States v. Spencer, 86 M.J. 379, 384 (C.A.A.F. 2026).
2 10 U.S.C. § 921.
3 United States v. Spencer, No. 202400328, 2025 CCA LEXIS 168 at *6 (N-M. Ct.
Crim. App. Apr. 18, 2025) (unpublished).
4 Spencer, 86 M.J. at 383.
5 Id. at 384.
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United States v. Spencer, NMCCA No. 202400328
Opinion of the Court
grade to E-1 as the appropriate remedy. 6 We incorporate the facts as stated in
our previous opinion. 7
II. DISCUSSION
We review sentence appropriateness de novo. 8 As Appellant’s offenses oc-
curred before 27 December 2023, this Court “may affirm only the sentence, or
such part or amount of the sentence, as the Court finds correct in law and fact
and determines, on the basis of the entire record, should be approved.” 9 An
“individualized consideration of the particular accused on the basis of the na-
ture and seriousness of the offense and the character of the offender” is re-
quired as part of our review. 10 We “must review the entire record, which in-
cludes taking the plea agreement into account, but still must exercise [our]
independent judgment.” 11
Applying the above to our consideration of the entire record, to include the
plea agreement, evidence provided in extenuation and mitigation, and the mil-
itary judge’s recommendation, we determine Appellant’s sentence for the of-
fenses to which he pleaded guilty is appropriate and should be approved.
III. CONCLUSION
The sentence is AFFIRMED. 12
FOR THE COURT:
MARK K. JAMISON
Clerk of Court
6 Appellant’s Brief at 8.
7 See Spencer, 2025 CCA LEXIS 168 at *1–3.
8 United States v. Lane, 64 M.J. 1, 2 (C.A.A.F. 2006).
9 Article 66(d)(1), UCMJ, 10 U.S.C. § 866(d)(1) (2018).
10 United States v. Snelling, 14 M.J. 267, 268 (C.M.A. 1982).
11 Spencer, 86 M.J. at 383.
12 Articles 59 and 66, UCMJ, 10 U.S.C. § 859, 866.
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