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United States v. Perea, ACM S32408 (f rev) (2017)

Court: United States Air Force Court of Criminal Appeals Number: ACM S32408 (f rev) Visitors: 37
Filed: Jul. 26, 2017
Latest Update: Mar. 03, 2020
Summary: and reduction to E-1., For Appellant: Captain Kevin R. Cayton, USAF;, For Appellee: Gerald R. Bruce, Esquire.Having resolved that issue, we find the approved findings and sentence, are correct in law and fact, and no error materially prejudicial to Appellants, substantial rights occurred.
              U NITED S TATES AIR F ORCE
             C OURT OF C RIMINAL APPEALS
                          ________________________

                          No. ACM S32408 (f rev)
                          ________________________

                             UNITED STATES
                                 Appellee
                                       v.
                          Carlos O. PEREA
           Airman First Class (E-3), U.S. Air Force, Appellant
                          ________________________

                            Upon further review
                           Decided 26 July 2017
                          ________________________

Military Judge: Charles E. Wiedie, Jr.
Approved sentence: Bad-conduct discharge, confinement for 8 months,
and reduction to E-1. Sentence adjudged 18 April 2016 by SpCM con-
vened at Kadena Air Base, Japan.
For Appellant: Captain Kevin R. Cayton, USAF; Captain Patricia En-
carnación Miranda, USAF.
For Appellee: Gerald R. Bruce, Esquire.
Before MAYBERRY, JOHNSON, and SPERANZA, 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    This is an unpublished opinion and, as such, does not serve as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 original convening au-
thority’s action failed to reflect the deferral of Appellant’s reduction to E-1.
United States v. Perea, No. ACM S32408, 2017 CCA LEXIS 353, at *4–6 (A.F.
Ct. Crim. App. 24 May 2017).
               United States v. Perea, No. ACM S32408 (f rev)


   Having resolved that issue, we find the approved 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 Mili-
tary 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




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Source:  CourtListener

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