U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS _ No. ACM S32605 _ UNITED STATES Appellee v. Demetrius E. MCGEE Senior Airman (E-4), U.S. Air Force, Appellant _ Appeal from the United States Air Force Trial Judiciary Decided 12 December 2019 _ Military Judge: Thomas J. Alford. Approved sentence: Bad-conduct discharge, confinement for 45 days, re- duction to E-1, and a reprimand. Sentence adjudged 4 June 2019 by SpCM convened at McConnell Air Force Base, Kansas. For Appellant: Major...
U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS _ No. ACM S32588 _ UNITED STATES Appellee v. Ryan D. HATCHER Airman Basic (E-1), U.S. Air Force, Appellant _ Appeal from the United States Air Force Trial Judiciary Decided 24 October 2019 _ Military Judge: Andrew R. Norton. Approved sentence: Bad-conduct discharge, confinement for four months, and a reprimand. Sentence adjudged 11 February 2019 by SpCM convened at Hurlburt Field, Florida. For Appellant: Major Patrick J. Hughes, USAF. For...
U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS _ No. ACM S32587 _ UNITED STATES Appellee v. Tevin W. ORTEGA Staff Sergeant (E-5), U.S. Air Force, Appellant _ Appeal from the United States Air Force Trial Judiciary Decided 12 December 2019 _ Military Judge: Joseph S. Imburgia. Approved sentence: Bad-conduct discharge, confinement for 4 months, reduction to E-1, and a reprimand. Sentence adjudged 1 February 2019 by SpCM convened at Kadena Air Base, Okinawa, Japan. For Appellant: Major...
Sentence adjudged 8 January 2019 by SpCM convened at Ellsworth, Air Force Base, South Dakota., 2 We note that the court-martial order (CMO) is not dated the same date as the con-, vening authoritys action. See R.C.M. United States v. Miller, No. ACM, S32433, 2018 CCA LEXIS 207, at *10–11 (A.F.
Sentence adjudged 18 December, 2018 by SpCM convened at Barksdale Air Force Base, Louisiana., For Appellant: Major Jarett F. Merk, USAF; 1, For Appellee: Mary Ellen Payne, Esquire. Grossman was at all times supervised by an attorney admitted to practice before, this court.
Rebecca E. Schmidt. Upon our review, we noted two errors: (1) a scriveners error on the, charge sheet in which the Appellant pleaded and was found guilty of using, marijuana on or about 31 September 2018 (emphasis added);) are found in the Manual for Courts-Martial, United, States (2016 ed.).
Military Judge: Matthew D. Talcott., For Appellant: Major Kirk W. Albertson, USAF.* We note two errors in the promulgating order. Additionally, the order omits that a, military judge adjudged the sentence on 20 December 2018. See Rule for Courts-Mar-, tial 1114(c)(2) (2016);
Military Judge: Matthew D. Talcott, Approved sentence: Bad-conduct discharge, confinement for 40 days, for-, feiture of $1, 287.00 pay per month for 1 month, reduction to E-1, and a, reprimand. We reduce the adjudged, forfeiture in our decretal paragraph. Rule for Courts-Martial, (R.C.M.
Military Judge: W. Shane Cohen. Sentence adjudged 29 August 2018 by SpCM con-, vened at Moody Air Force Base, Georgia., For Appellant: Lieutenant Colonel Garrett M. Condon, USAF., For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF.Accordingly, the approved findings and sentence are AFFIRMED.
U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS _ No. ACM S32561 _ UNITED STATES Appellee v. Emmanuel J. CALDWELL Airman First Class (E-3), U.S. Air Force, Appellant _ Appeal from the United States Air Force Trial Judiciary Decided 10 December 2019 _ Military Judge: Thomas J. Alford. Approved sentence: Bad-conduct discharge, confinement for 21 days, re- duction to E-1, and a reprimand. Sentence adjudged 6 November 2018 by SpCM convened at Ellsworth Air Force Base, South Dakota. For...
leaving these details to the Service Secretaries and discretion of trial counsel., Because Appellant has failed to demonstrate his deployment warranted, inclusion on his PDS under the criteria specified in AFI 51–201, he has failed, to identify any error regarding the PDS.
U NITED S TATES AIR F ORCE, C OURT OF C RIMINAL APPEALS, ________________________ Articles, United States v. DeClue, No. ACM S32555 , 2 We note the Court-Martial Order (CMO) dated 30 November 2018 states that Speci-, fication 3 of the Charge was withdrawn and dismissed after arraignment.
The sentence reads: [i]f a victim, statement, submitted under R.C.M.we will assume arguendo that obvious error existed when the 16 November, 2018 addendum to the SJAR, with A1C THs letter attached, was never served, on Appellant and his defense counsel. Clemency, was due 10 November 2018.
U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS _ No. ACM S32548 _ UNITED STATES Appellee v. Jaime L. KILDUFF Senior Airman (E-4), U.S. Air Force, Appellant _ Appeal from the United States Air Force Trial Judiciary Decided 12 November 2019 _ Military Judge: Christopher M. Schumann. Approved sentence: Bad-conduct discharge, confinement for 82 days, reduction to E- 1, and a reprimand. Sentence adjudged 28 August 2018 by SpCM convened at Nellis Air Force Base, Nevada. For Appellant: Major...
United States v. Zimmer, 56 M.J. Appellants, trial defense counsel did point out to the CA how long it had taken to get to, that point, specifically indicating that the Moreno standard for taking action, was less than a week away, and requested that the forfeitures be disapproved, as a result.
U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS _ No. ACM S32542 _ UNITED STATES Appellee v. Tommy L. FAUGHN Airman First Class (E-3), U.S. Air Force, Appellant _ Appeal from the United States Air Force Trial Judiciary Decided 26 November 2019 _ Military Judge: Michael D. Schag. Approved sentence: Bad-conduct discharge, confinement for 120 days, reduction to the grade of E-1, and forfeiture of $1,092.00 pay per month for 5 months. Sentence adjudged 29 June 2018 by SpCM con- vened at...
Military Judge: Andrew Kalavanos.1On 25 June 2018, the same date as the announcement of sentence, Appellant executed, an Air Force Form 304, Request for Appellate Defense Counsel (May 2000) (AF Form, 304), electing not to request appellate defense counsel to represent him before this, court.
Military Judge: Shelly W. Schools, Approved sentence: Bad-conduct discharge, and reduction to E-1. Sen-, tence adjudged 24 April 2018 by SpCM convened at Cannon Air Force, Base, New Mexico., For Appellant: Major Mark J. Schwartz, USAF., For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF;
, For Appellant: Major Rebecca J. Otey, USAF;PER CURIAM:, The approved findings and sentence are correct in law and fact, and no er-, ror materially prejudicial to Appellants substantial rights occurred. We direct the publi-, cation of a corrected court-martial order to remedy these errors.
DISCUSSION, It is clear from the record that the military judge did not intend to acquit, Appellant of the excepted language when he announced his finding of guilt by, exceptions as to Specification 3, in accordance with Appellants pleas and her, agreement with the convening authority.
