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United States v. Mashburn, ACM S32442 (2017)

Court: United States Air Force Court of Criminal Appeals Number: ACM S32442 Visitors: 125
Filed: Aug. 25, 2017
Latest Update: Mar. 03, 2020
Summary: Military Judge: Brian D. Teter., For Appellee: Major Mary Ellen Payne, USAF.PER CURIAM:, The approved findings and sentence are correct in law and fact, and no, error materially prejudicial to Appellants substantial rights occurred. Arti-, cles 59(a) and 66(c), UCMJ, 10 U.S.C. §§ 859(a), 866(c).
              U NITED S TATES AIR F ORCE
             C OURT OF C RIMINAL APPEALS
                          ________________________

                             No. ACM S32442
                          ________________________

                            UNITED STATES
                                Appellee
                                      v.
                   Stephen R. MASHBURN, Jr.
             Airman Basic (E-1), U.S. Air Force, Appellant
                         ________________________

        Appeal from the United States Air Force Trial Judiciary


                         Decided 25 August 2017
                         ________________________

Military Judge: Brian D. Teter.
Approved sentence: Bad-conduct discharge, confinement for 5 months,
and forfeiture of $1044.00 pay per month for 5 months. Sentence ad-
judged 21 October 2016 by SpCM convened at Whiteman Air Force
Base, Missouri.
For Appellant: Lieutenant Colonel R. Davis Younts, USAF; Captain
Patrick A. Clary, USAF.
For Appellee: Major Mary Ellen Payne, USAF.
Before DREW, MAYBERRY and DENNIS, 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    This is an unpublished opinion and, as such, does not serve as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:
    The approved findings and sentence are correct in law and fact, and no
error materially prejudicial to Appellant’s substantial rights occurred. Arti-
cles 59(a) and 66(c), UCMJ, 10 U.S.C. §§ 859(a), 866(c).
                 United States v. Mashburn, No. ACM S32442


    Accordingly, the approved findings and sentence are AFFIRMED. 1


                  FOR THE COURT



                  KURT J. BRUBAKER
                  Clerk of the Court




1 We note the Court-Martial Order (CMO) does not contain a plea or finding for Spec-
ification 5 of the Charge. We order promulgation of a corrected CMO.




                                         2

Source:  CourtListener

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