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United States v. Spelts, ACM S32465 (F Rev) (2018)

Court: United States Air Force Court of Criminal Appeals Number: ACM S32465 (F Rev) Visitors: 61
Filed: Aug. 17, 2018
Latest Update: Mar. 03, 2020
Summary:  op.), this court set aside the action and returned, the record of trial to The Judge Advocate General of the Air Force for remand, United States v. Spelts, No. ACM S32465 (f rev) On 13 July 2018, the convening authority complied with our, decision.
              U NITED S TATES AIR F ORCE
             C OURT OF C RIMINAL APPEALS
                          ________________________

                          No. ACM S32465 (f rev)
                          ________________________

                             UNITED STATES
                                 Appellee
                                       v.
                          Bryce J. SPELTS
                 Airman (E-2), U.S. Air Force, Appellant
                          ________________________

        Appeal from the United States Air Force Trial Judiciary
                            Upon Further Review
                          Decided 17 August 2018
                          ________________________

Military Judge: Joseph S. Imburgia.
Approved sentence: Bad-conduct discharge, confinement for 30 days,
hard labor without confinement for 2 months, reduction to E-1, and a
reprimand. Sentence adjudged 16 February 2017 by SpCM convened at
Holloman Air Force Base, New Mexico.
For Appellant: Major Jarett F. Merk, USAF.
For Appellee: Lieutenant Joseph J. Kubler, USAF; Mary Ellen Payne,
Esquire.
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    This is an unpublished opinion and, as such, does not serve as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:
    In United States v. Spelts, No. ACM S32465, 2018 CCA LEXIS 251 (A.F.
Ct. App. 16 May 2018) (unpub. op.), this court set aside the action and returned
the record of trial to The Judge Advocate General of the Air Force for remand
               United States v. Spelts, No. ACM S32465 (f rev)


to the appropriate convening authority for new post-trial processing consistent
with our opinion. On 13 July 2018, 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 AF-
FIRMED.


                 FOR THE COURT



                 CAROL K. JOYCE
                 Clerk of the Court




                                      2

Source:  CourtListener

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