United States v. Carrubba, ACM S32341 (2016)
Court: United States Air Force Court of Criminal Appeals
Number: ACM S32341
Visitors: 1
Filed: Sep. 27, 2016
Latest Update: Mar. 03, 2020
Summary: Sentence adjudged 9 June 2015 by SPCM convened at Keesler Air Force, Base, Mississippi.*, The initial court-martial order (CMO) misspells Appellant's name in three places in the Specification of Charge I., We note the original charge sheet contained pen and ink changes to correct these errors;
UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS
UNITED STATES
v.
Airman First Class ROBERTO A. CARRUBBA
United States Air Force
ACM S32341
27 September 2016
Sentence adjudged 9 June 2015 by SPCM convened at Keesler Air Force
Base, Mississippi. Military Judge: Wendy L. Sherman.
Approved Sentence: Bad-conduct discharge, confinement for two months,
forfeiture of $1000.00 pay per month for three months, and reduction to E-1.
Appellate Counsel for Appellant: Major Melissa Biedermann and Captain
Patricia Encarnacion Miranda.
Appellate Counsel for the United States: Gerald R. Bruce, Esquire.
Before
DUBRISKE, HARDING, and C. BROWN
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This opinion is issued as an unpublished opinion and, as such, does not serve as precedent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 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
KURT J. BRUBAKER
Clerk of the Court
*
The initial court-martial order (CMO) misspells Appellant's name in three places in the Specification of Charge I.
We note the original charge sheet contained pen and ink changes to correct these errors; however, the corrections were
not captured on the CMO. We direct the publication of a corrected CMO to remedy these oversights.
Source: CourtListener
