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United States v. Hyler, ACM 39173 (2018)

Court: United States Air Force Court of Criminal Appeals Number: ACM 39173 Visitors: 14
Filed: Jan. 12, 2018
Latest Update: Mar. 03, 2020
Summary: Military Judge: Andrew Kalavanos. Sentence adjudged 30 June 2016 by GCM con-, vened at Joint Base Langley-Eustis, Virginia. Major Mary, Ellen Payne, USAF;*We note an error in the promulgating order with respect to the Specification of Charge, II, where the order omits the word on from the phrase .
              U NITED S TATES AIR F ORCE
             C OURT OF C RIMINAL APPEALS
                          ________________________

                               No. ACM 39173
                          ________________________

                            UNITED STATES
                                Appellee
                                      v.
                           Eric A. HYLER
           Airman First Class (E-3), U.S. Air Force, Appellant
                          ________________________

        Appeal from the United States Air Force Trial Judiciary
                         Decided 12 January 2018
                          ________________________

Military Judge: Andrew Kalavanos.
Approved sentence: Bad-conduct discharge, confinement for 4 months,
and reduction to E-1. Sentence adjudged 30 June 2016 by GCM con-
vened at Joint Base Langley-Eustis, Virginia.
For Appellant: Captain Patricia Encarnación Miranda, USAF.
For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; Major Mary
Ellen Payne, USAF; Major Meredith L. Steer, USAF.
Before JOHNSON, MINK, 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    This is an unpublished opinion and, as such, does not serve as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:
    The approved findings and sentence are correct in law and fact, and no er-
ror materially prejudicial to Appellant’s substantial rights occurred. Articles
                     United States v. Hyler, No. ACM 39173


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




*We note an error in the promulgating order with respect to the Specification of Charge
II, where the order omits the word “on” from the phrase “. . . and on or about 30 Janu-
ary 2015. . .” as stated on the charge sheet. We direct the publication of a corrected
court-martial order to remedy this error.


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Source:  CourtListener

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