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United States v. Rogers, ACM S32342 (f rev) (2017)

Court: United States Air Force Court of Criminal Appeals Number: ACM S32342 (f rev) Visitors: 41
Filed: Aug. 02, 2017
Latest Update: Mar. 03, 2020
Summary: , Approved sentence: Bad-conduct discharge, confinement for 4 months, forfei-, ture of $1, 031 pay per month for 4 months, and reduction to E-1. Sentence, adjudged 29 June 2015 by SpCM convened at Barksdale Air Force Base, Lou-, isiana., For Appellee: Colonel Laura J. Megan-Posch, USAF;
              U NITED S TATES AIR F ORCE
             C OURT OF C RIMINAL APPEALS
                         ________________________

                          No. ACM S32342 (f rev)
                         ________________________

                            UNITED STATES
                                Appellee
                                      v.
                          Corey R. ROGERS
             Airman First Class (E-3), U.S. Air Force, Appellant
                         ________________________

          Appeal from the United States Air Force Trial Judiciary
                           Decided 2 August 2017
                         ________________________

Military Judge: Wendy L. Sherman (sitting alone).
Approved sentence: Bad-conduct discharge, confinement for 4 months, forfei-
ture of $1,031 pay per month for 4 months, and reduction to E-1. Sentence
adjudged 29 June 2015 by SpCM convened at Barksdale Air Force Base, Lou-
isiana.
For Appellant: Lieutenant Colonel Anthony D. Ortiz, USAF; Major Lauren A.
Shure, USAF.
For Appellee: Colonel Laura J. Megan-Posch, USAF; Major Amanda L.K. Li-
nares, USAF; Major Mary Ellen Payne, USAF; Gerald R. Bruce, Esquire.
Before DREW, MAYBERRY, and MINK, 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    This is an unpublished opinion and, as such, does not serve as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 because the staff judge advocate orig-
inally erred in advising the convening authority that she could not disap-
prove Appellant’s punitive discharge. See United States v. Rogers, 
76 M.J. 621
(A.F. Ct. Crim. App. 2017). Having resolved that issue, we find the approved
               United States v. Rogers, No. ACM S32342 (f rev)


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 AFFIRMED.


                 FOR THE COURT



                 KURT J. BRUBAKER
                 Clerk of the Court




                                       2

Source:  CourtListener

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