See Rule for Courts-Martial 1107(b)(3)(A);Finally, the addendum to the SJAR failed to address Appellants erroneous, statement in his clemency submission that Article 60, UCMJ, 10 U.S.C. § 860, prohibited, the convening authority from disapproving the punitive discharge adjudged in this case.
Sentence adjudged 3 December 2014 by SPCM convened at Barksdale Air, Force Base, Louisiana.At a special court-martial composed of a military judge alone, Appellant was, convicted, consistent with his pleas, of wrongfully using cocaine in violation of Article, 112a, UCMJ, 10 U.S.C. § 912a.
Sentence adjudged 29 September 2015 by SPCM convened at Joint Base, Elmendorf-Richardson, Alasl
Sentence adjudged 7 October 2015 by SPCM convened at Seymour Johnson, Air Force Base, North Carolina.Appellate Counsel for Appellant: Lieutenant Colonel Anthony D. Ortiz.Appellate Counsel for the United States: Gerald R. Bruce, Esquire. 37, 41 (C.A.A.F.LEAH M. CALAHAN, Clerk of the Court
Sentence adjudged 2 November 2015 by SPCM convened at Joint Base, Lewis-McChord, Washington.Appellate Counsel for Appellant: Major Jeffrey A. Davis.Appellate Counsel for the United States: Gerald R. Bruce, Esquire. 37, 41 (C.A.A.F.LEAH M. CALAHAN, Clerk of the Court
Sentence adjudged 13 October 2015 by SPCM convened at Joint Base Lewis-, McChord, Washington.Appellate Counsel for Appellant: Maj or Thomas A. Smith;This opinion is issued as an unpublished opinion and, as such, does not serve as precedent, under AFCCA Rule of Practice and Procedure 18.4.
Sentence adjudged 14 October 2015 by SPCM convened at Joint Base, Lewis-McChord, Washington.1, We note the staff judge advocates recommendation (SJAR) misstated that the maximum forfeitures available in, Appellants case were limited to 6 months, instead of the 12-month jurisdictional maximum.
Approved Sentence: Bad-conduct discharge, confinement for 2 months, and, reduction to E-1. We assess sentence appropriateness by considering the particular appellant, the, nature and seriousness of the offense[s], the appellants record of service, and all matters, contained in the record of trial.
Sentence adjudged 9 September 2015 by SPCM convened at Beale Air Force, Base, California. The, military judge then incorrectly advised Appellant the maximum punishment authorized, based on his pleas included, inter alia, forfeiture of two-thirds pay and allowances per, month for 12 months.
Sentence adjudged 7 July 2015 by SPCM convened at Joint Base Pearl, Harbor-Hickam, Hawaii.Appellate Counsel for Appellant: Major Lauren A. Shure and Captain Annie, W. Morgan.Appellate Counsel for the United States: Mr. Gerald R. Bruce. 37, 41 (C.A.A.F.KURT J. BRUBAKER, Clerk of the Court
Sentence adjudged 5 August 2015 by SPCM convened at Seyrnour Johnson, Air Force Base, North Carolina.Appellate Counsel for Appellant: Major Lauren A. Shure and Captain, Patricia Encarnacion Miranda. ~_Ap_pellate Counsel for the United States: Mr. Gerald R. Bruce, Esquire.UCMJ, 10 U.S.C. § 866(0);
Sentence adjudged 9 June 2015 by SPCM convened at Keesler Air Force, Base, Mississippi.*, The initial court-martial order (CMO) misspells Appellant's name in three places in the Specification of Charge I., We note the original charge sheet contained pen and ink changes to correct these errors;
Sentence adjudged 27 May 2015 by SPCM convened at Joint Base, Charleston, South Carolina.Appellate Counsel for the Appellant: Lieutenant Colonel Joy L. Primoli.Appellate Counsel for the United States: Gerald R. Bruce, Esquire. 37, 41 (C.A.A.F.LEAH M. CALAHAN, Clerk of the Court
Sentence adjudged 14 April 2015 by SPCM convened at Joint Base, Charleston, South Carolina.MJ: On-base Given Appellant stated his failure to perform his duties were due to neglect, we, find Appellants admissions were sufficient to find him guilty of negligent dereliction of, duty.
Sentence adjudged 21 May 2015 by SPCM convened at Grand Forks Air, Force Base, North Dakota. United States v. Smead, 68 M.J.3 ACM S32334, Based on the record of trial, there is no way to discern whether Appellant signed his, pretrial agreement before or after the charges were referred.
Sentence adjudged 1 May 2015 by SPCM convened at Edwards Air Force, Base, California. Military Judge: Brendon K. Tukey.Appellate Counsel for the United States: Gerald R. Bruce, Esquire. Because there were, no forfeitures adjudged or approved, there is no requirement for new post-trial processing.
Sentence adjudged 24 June 2015 by SPCM convened at McConnell Air, Force Base, Kansas.Appellate Counsel for the Appellant: Lieutenant Colonel Joy L. Primoli.Appellate Counsel for the United States: Gerald R. Bruce, Esquire. 37, 41 (C.A.A.F.LEAH M. CALAHAN, Clerk of the Court
In response to Appellants statement that most of his use took place during a, two-month period of time, the military judge asked Appellant if there were additional uses, outside of those two months that were also within the charged time frame.This court reviews sentence appropriateness de novo.
1982), Appellant, contends that the military judge erred in admitting Prosecution Exhibit 7, a video of some, other Airmen using ecstasy in Appellants on-base dormitory room, and that Appellant, received illegal pretrial punishment. United States v. Gogas, 55 M.J.6 ACM S32329
(citing United States v., Jordan, 57 M.J.In Appellants case, her guilty plea is supported not only by the fact that she, intentionally misled her physicians to get prescriptions for hydrocodone, but also, because she admitted that she did not use the hydrocodone for its prescribed, purpose.
