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United States v. Moore, ACM 39105 (f rev) (2017)

Court: United States Air Force Court of Criminal Appeals Number: ACM 39105 (f rev) Visitors: 42
Filed: Dec. 20, 2017
Latest Update: Mar. 03, 2020
Summary: Military Judge: Natalie D. Richardson., Approved sentence: Dishonorable discharge, confinement for 25 years, forfei-, ture of all pay and allowances, and reduction to E-1., For Appellant: Major Mark C. Bruegger, USAF.PER CURIAM:, In United States v. Moore, No. ACM 39105, 2017 CCA LEXIS 641 (A.F.
              U NITED S TATES AIR F ORCE
             C OURT OF C RIMINAL APPEALS
                         ________________________

                          No. ACM 39105 (f rev)
                         ________________________

                            UNITED STATES
                                Appellee
                                     v.
                           Derek R. MOORE
               Senior Airman (E-4), U.S. Air Force, Appellant
                         ________________________

                            Upon further review
                         Decided 20 December 2017
                         ________________________

Military Judge: Natalie D. Richardson.
Approved sentence: Dishonorable discharge, confinement for 25 years, forfei-
ture of all pay and allowances, and reduction to E-1. Sentence adjudged
2 March 2016 by GCM convened at Luke Air Force Base, Arizona.
For Appellant: Major Mark C. Bruegger, USAF.
For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; Major Mary Ellen
Payne, USAF; Major Meredith L. Steer, USAF; Captain Michael T. Bunnell,
USAF; Gerald R. Bruce, Esquire.
Before MAYBERRY, SPERANZA, and DENNIS, 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    This is an unpublished opinion and, as such, does not serve as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:
   In United States v. Moore, No. ACM 39105, 2017 CCA LEXIS 641 (A.F. Ct.
Crim. App. 29 Sep 2017) (unpub. op.), this court set aside the action and re-
turned the record of trial to The Judge Advocate General of the Air Force for
remand to an appropriate convening authority for new post-trial processing
                United States v. Moore, No. ACM 39105 (f rev)


consistent with our opinion. 
Id. On 15
November 2017, the convening authority
complied with our decision.
   Upon further review, 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 Military Justice, 10 U.S.C.
§§ 859(a), 866(c). Accordingly, the approved findings and sentence are
AFFIRMED.


                    FOR THE COURT


                    KATHLEEN M. POTTER
                    Acting Clerk of the Court




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Source:  CourtListener

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