United States v. Kerwin, 46 M.J. Shortly after trial, Appellant requested deferment of the automatic, forfeitures, adjudged forfeitures, and reduction in rank.3 Appellate defense counsel identifies the maximum punishment error in the SJAR but, asserts Appellant suffered no colorable prejudice.
Military Judge: Andrew Kalavanos.* On 24 March 2017, shortly after the announcement of sentence, Appellant executed, an Air Force Form 304 (AF Form 304), Request for Appellate Defense Counsel, indicat-, ing that he did not request appellate defense counsel to represent him before this court.
, The convening authority approved the sentence as adjudged. United States v. Kho, 54 M.J. While Appellant requested a reduction or disapproval of the 90, days of hard labor without confinement in his clemency submission, Appellant, did not allege any error in the SJAR.
Military Judge: Natalie D. Richardson.and forfeiture of $950.00 pay per months for 3 months., For Appellant: Major Annie W. Morgan, USAF.PER CURIAM:, The approved findings and sentence are correct in law and fact, and no, error materially prejudicial to Appellants substantial rights occurred.
Military Judge: Mark W. Milam., For Appellant: Major Annie W. Morgan, USAF., ________________________, PER CURIAM:, The approved findings and sentence are correct in law and fact, and no, error materially prejudicial to Appellants substantial rights occurred.
Military Judge: Marvin W. Tubbs II., For Appellant: Lieutenant Colonel Judith A. Walker, USAF;, For Appellee: Major Mary Ellen Payne, USAF.PER CURIAM:, The approved findings and sentence are correct in law and fact, and no, error materially prejudicial to Appellants substantial rights occurred.
, Sentence adjudged 18 January 2017 by SpCM convened at Cannon Air, Force Base, New Mexico.PER CURIAM:, The approved findings and sentence are correct in law and fact, and no er-, ror materially prejudicial to Appellants substantial rights occurred., See Rule for Courts-Martial (R.C.M.
JOHNSON, Senior Judge:, A special court-martial composed of a military judge sitting alone found, Appellant guilty, in accordance with his pleas, of one specification each of, wrongfully using marijuana, heroin, and methamphetamine on divers occa-, sions; United States v. Jordan, 57 M.J.
Military Judge: Mark W. Milam., For Appellant: Lieutenant Colonel Judith A. Walker, USAF.PER CURIAM:, The approved findings and sentence are correct in law and fact, and no, error materially prejudicial to Appellants substantial rights occurred.
Military Judge: Brian D. Teter., For Appellee: Major Mary Ellen Payne, USAF.PER CURIAM:, The approved findings and sentence are correct in law and fact, and no, error materially prejudicial to Appellants substantial rights occurred. Arti-, cles 59(a) and 66(c), UCMJ, 10 U.S.C. §§ 859(a), 866(c).
Military Judge: Mark F. Rosenow. Sentence adjudged 17 November 2016 by SpCM con-, vened at Joint Base Lewis-McChord, Washington., For Appellant: Major Mark C. Bruegger, USAF;, For Appellee: Major Meredith L. Steer, USAF., Before MAYBERRY, JOHNSON, and SPERANZA, Appellate Military, Judges.
While we hold that Appellant is also protected by an expanded right to, counsel under Military Rule of Evidence 305(c)(3), we do not find a violation of, that right in Appellants case.Court in Montejo v. Louisiana, 556 U.S. 778 (2009).both during the interview with AFOSI and at trial.
Military Judge: Mark W. Milam. Sentence adjudged 1 September 2016 by SpCM con-, vened at Whiteman Air Force Base, Missouri., For Appellant: Major Melissa Biedermann, USAF., Before MAYBERRY, JOHNSON, and SPERANZA, Appellate Military, Judges.
Military Judge: Brian D. Teter., For Appellant: Major Virginia M. Bare, USAF., For Appellee: Major Mary Ellen Payne, USAF.PER CURIAM:, The approved findings and sentence are correct in law and fact, and no, error materially prejudicial to Appellants substantial rights occurred.
, Approved sentence: Bad-conduct discharge, confinement for 60 days, forfei-, ture of $1, 000 pay per month for two months, and reduction to E-1. Sentence, adjudged 24 August 2016 by SpCM convened at Keesler Air Force Base, Mis-, sissippi., For Appellant: Major Johnathan D. Legg USAF.
, For Appellant: Major Johnathan D. Legg, USAF., ________________________, PER CURIAM:, The approved findings and sentence are correct in law and fact, and no, error materially prejudicial to Appellants substantial rights occurred. Arti-, cles 59(a) and 66(c), UCMJ, 10 U.S.C. §§ 859(a), 866(c).
U NITED S TATES AIR F ORCE, C OURT OF C RIMINAL APPEALS, ________________________ UNITED STATES, Appellee, v., Gage W. SWANSON, Airman First Class (E-3), U.S. Air Force, Appellant, ________________________ Sentence adjudged 22 July 2016 by SpCM con-, vened at Goodfellow Air Force Base, Texas.
We find this error harmless, however, as the convening authority approved, only so much of the sentence as complied with the pretrial agreement. Similarly, the, addendum to the SJAR failed to advise the convening authority of Appellants re-, quest to have his rank restored.
UNITED STATES, Appellee, v., Terry L. DIZE, Airman Basic (E-1), U.S. Air Force, Appellant, ________________________ Major Rebecca J. Otey We have also considered whether relief for post-trial delay in the, absence of a due process violation pursuant to our authority under Article 66(c), UCMJ
, The confinement order, dated 23 May 2016, the day of trial, accurately, described the adjudged sentence, including confinement for four months, and, indicated Appellants receipt for confinement at Hoke County Detention Cen-, ter in Raeford, North Carolina. Trial defense counsel wrote It was not.
