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United States v. Kirby, ACM S32295 (2015)

Court: United States Air Force Court of Criminal Appeals Number: ACM S32295 Visitors: 8
Filed: Oct. 20, 2015
Latest Update: Mar. 02, 2020
Summary: Sentence adjudged 16 December 2014 by SPCM convened at Holloman Air, Force Base, New Mexico. Military Judge: Mark W. Milam (sitting alone).Appellate Counsel for the United States: Major Mary Ellen Payne., Accordingly, the approved findings and sentence are AFFIRMED.STEVEN LUCAS, Clerk of the Court
          UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS


                                           UNITED STATES

                                                     v.

                         Airman First Class ALEXANDER M. KIRBY
                                   United States Air Force

                                              ACM S32295

                                            20 October 2015

         Sentence adjudged 16 December 2014 by SPCM convened at Holloman Air
         Force Base, New Mexico. Military Judge: Mark W. Milam (sitting alone).

         Approved Sentence: Bad-conduct discharge, confinement for 60 days, and
         reduction to E-1.

         Appellate Counsel for the Appellant: Lieutenant Colonel Joy L. Primoli.

         Appellate Counsel for the United States: Major Mary Ellen Payne.

                                                  Before

                             ALLRED, TELLER, and ZIMMERMAN
                                  Appellate Military Judges

          This opinion is issued as an unpublished opinion and, as such, does not serve as precedent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 error
materially prejudicial to the substantial rights of the appellant occurred. Article 66(c),
UCMJ, 10 U.S.C. ยง 866(c); United States v. Reed, 
54 M.J. 37
, 41 (C.A.A.F. 2000).
Accordingly, the approved findings and sentence are AFFIRMED.


              FOR THE COURT


              STEVEN LUCAS
              Clerk of the Court

Source:  CourtListener

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