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United States v. Aiken, ACM 39288 (F Rev) (2018)

Court: United States Air Force Court of Criminal Appeals Number: ACM 39288 (F Rev) Visitors: 37
Filed: Oct. 11, 2018
Latest Update: Mar. 03, 2020
Summary:  Captain Mi-, chael T. Bunnell, USAF; Mary Ellen Payne, Esquire., ________________________, PER CURIAM:, We have this case for further review after returning the record of trial to, The Judge Advocate General for remand to the convening authority for new, post-trial processing and action.
              U NITED S TATES AIR F ORCE
             C OURT OF C RIMINAL APPEALS
                         ________________________

                          No. ACM 39288 (f rev)
                         ________________________

                            UNITED STATES
                                Appellee
                                      v.
                          Philip H. AIKEN
             Senior Airman (E-4), U.S. Air Force, Appellant
                         ________________________

        Appeal from the United States Air Force Trial Judiciary
                            Upon further review
                         Decided 11 October 2018
                         ________________________

Military Judge: Patricia A. Gruen.
Approved sentence: Bad-conduct discharge, confinement for 13 months,
and reduction to E-1. Sentence adjudged 9 May 2017 by GCM convened
at Andersen Air Force Base, Guam.
For Appellant: Major Todd M. Swensen, USAF.
For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; Captain Mi-
chael T. Bunnell, USAF; Mary Ellen Payne, Esquire.
Before HARDING, HUYGEN, and POSCH, 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    This is an unpublished opinion and, as such, does not serve as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 after returning the record of trial to
The Judge Advocate General for remand to the convening authority for new
post-trial processing and action. United States v. Aiken, No. ACM 39288, 2018
CCA LEXIS 366 (A.F. Ct. Crim. App. 20 Jul. 2018) (unpub. op.). New post-trial
processing and convening authority action have been accomplished.
                United States v. Aiken, No. ACM 39288 (f rev)


    The approved findings and sentence are correct in law and fact, and no er-
ror 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



                 CAROL K. JOYCE
                 Clerk of the Court




                                      2

Source:  CourtListener

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