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United States v. Seuam, ACM S32497 (2018)

Court: United States Air Force Court of Criminal Appeals Number: ACM S32497 Visitors: 14
Filed: Oct. 05, 2018
Latest Update: Mar. 03, 2020
Summary:  Shelly W. Schools (arraignment and trial)., For Appellant: Major Meghan R. Glines-Barney, USAF.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.
              U NITED S TATES AIR F ORCE
             C OURT OF C RIMINAL APPEALS
                          ________________________

                              No. ACM S32497
                          ________________________

                            UNITED STATES
                                Appellee
                                      v.
                        Sengchanh P. SEUAM
             Senior Airman (E-4), U.S. Air Force, Appellant
                          ________________________

        Appeal from the United States Air Force Trial Judiciary
                          Decided 5 October 2018
                          ________________________

Military Judge: Mark F. Rosenow (motions); Michael D. Schag (mo-
tions); Shelly W. Schools (arraignment and trial).
Approved sentence: Bad-conduct discharge, confinement for 4 months,
forfeiture of $1,066.00 pay per month for 4 months, and reduction to E-
1. Sentence adjudged 5 October 2017 by SpCM convened at Joint Base
Elmendorf-Richardson, Alaska.
For Appellant: Major Meghan R. Glines-Barney, USAF.
For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; Mary Ellen
Payne, Esquire.
Before JOHNSON, DENNIS, and LEWIS, 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    This is an unpublished opinion and, as such, does not serve as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. Seuam, No. ACM S32497


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



                   CAROL K. JOYCE
                   Clerk of the Court




* Although Appellant raises no specific assignment of error, we note the staff judge
advocate recommendation erroneously advised the convening authority that the max-
imum sentence that could be imposed by this special court-martial included, inter alia,
a fine in addition to forfeiture of two-thirds pay per month for 12 months. See Rule for
Courts-Martial (R.C.M.) 201(f)(2)(B)(i); R.C.M. 1003(b)(3); United States v. Books, No.
ACM S32369, 2017 CCA LEXIS 226, at *7 (A.F. Ct. Crim. App. 
31 A.K. Marsh. 2017
(unpub.
op.). However, under the facts of this case we find no colorable showing of possible
prejudice, and therefore we affirm. See United States v. Scalo, 
60 M.J. 435
, 436–37
(C.A.A.F. 2005) (citation omitted).


                                           2

Source:  CourtListener

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