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United States v. Jones, ACM 39140 (f rev) (2017)

Court: United States Air Force Court of Criminal Appeals Number: ACM 39140 (f rev) Visitors: 32
Filed: Sep. 08, 2017
Latest Update: Mar. 03, 2020
Summary: , For Appellant: Major Lauren A. Shure, USAF;, Before JOHNSON, MAYBERRY, and SPERANZA, Appellate Military, Judges.Having resolved that issue, we find the approved findings and sentence, are correct in law and fact, and no error materially prejudicial to Appellants, substantial rights occurred.
             U NITED S TATES AIR F ORCE
            C OURT OF C RIMINAL APPEALS
                         ________________________

                         No. ACM 39140 (f rev)
                         ________________________

                           UNITED STATES
                               Appellee
                                    v.
                         Darius M. JONES
          Airman First Class (E-3), U.S. Air Force, Appellant
                         ________________________

                          Upon further review
                       Decided 8 September 2017
                        ________________________

Military Judge: Matthew P. Stoffel.
Approved sentence: Bad-conduct discharge, confinement for 6 months,
forfeiture of all pay and allowances, and reduction to E-1. Sentence
adjudged 22 June 2016 by GCM convened at Joint Base Elmendorf-
Richardson, Alaska.
For Appellant: Major Lauren A. Shure, USAF; Major Travis L.
Vaughan, USAF.
For Appellee: Colonel Martin J. Hindel, USAF; Gerald R. Bruce, Es-
quire.
Before JOHNSON, MAYBERRY, and SPERANZA, Appellate Military
Judges.
                        ________________________

   This is an unpublished opinion and, as such, does not serve as
   precedent under AFCCA Rule of Practice and Procedure 18.4.
                      ________________________
PER CURIAM:
   We have this case for further review because we ordered new post-trial
processing due to an erroneous staff judge advocate’s recommendation. Unit-
ed States v. Jones, No. ACM 39140, 2017 CCA LEXIS 310, at *5 (A.F. Ct.
Crim. App. 28 Apr. 2017) (unpub. op.).
                United States v. Jones, No. ACM 39140 (f rev)


   Having resolved that issue, we find the approved findings and sentence
are correct in law and fact, and no error materially prejudicial to Appellant’s
substantial rights occurred. Articles 59(a) and 66(c), Uniform Code of Mili-
tary Justice, 10 U.S.C. §§ 859(a), 866(c). Accordingly, the approved findings
and sentence are AFFIRMED.


                 FOR THE COURT



                 KURT J. BRUBAKER
                 Clerk of the Court




                                      2

Source:  CourtListener

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