
    No. 11-0258/MC.
    U.S. v. Travis J. Westhoven.
   CCA 201000132. On further consideration of the granted issue, 70 M.J. 416 (C.A.A.F. 2011) (Ordering Granting Review), and in view of United States v. Ballan, 71 M.J. 28 (C.A.A.F. 2012), it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed. 
      
       BAKER, Chief Judge (concurring in the result): I adhere to my positions in United States v. Jones, 68 M.J. 465, 473 (C.A.A.F. 2010) (Baker, J., dissenting), and United States v. Ballan, 71 M.J. 28, 36 (C.A.A.F. 2012) (Baker, C.J., concurring in the result), and concur in the result here.
     