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United States v. Kite, ACM S32450 (2018)

Court: United States Air Force Court of Criminal Appeals Number: ACM S32450 Visitors: 35
Filed: Feb. 21, 2018
Latest Update: Mar. 03, 2020
Summary:  Sentence adjudged 26 October 2016, by SpCM convened at Whiteman Air Force Base, Missouri., For Appellant: Major Patrick A. Clary, USAF., For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; The court-martial order (CMO), and report of result of trial, however, do not reflect the change.
              U NITED S TATES AIR F ORCE
             C OURT OF C RIMINAL APPEALS
                          ________________________

                              No. ACM S32450
                          ________________________

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

        Appeal from the United States Air Force Trial Judiciary
                      Decided 21 February 2018
                          ________________________

Military Judge: John C. Degnan.
Approved sentence: Bad-conduct discharge, confinement for 10 months,
reduction to E-1, and a reprimand. Sentence adjudged 26 October 2016
by SpCM convened at Whiteman Air Force Base, Missouri.
For Appellant: Major Patrick A. Clary, USAF.
For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; Mary Ellen
Payne, Esquire.
Before HARDING, SPERANZA, and HUYGEN, 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    This is an unpublished opinion and, as such, does not serve as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 er-
ror materially prejudicial to Appellant’s substantial rights occurred. Articles
                      United States v. Kite, No. ACM S32450


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




                   JULIE L. ADAMS
                   Acting Clerk of the Court




* Prior to arraignment, a minor change was made to the Specification of Charge III.
“Missouri” was deleted and replaced with “Illinois.” The court-martial order (CMO)
and report of result of trial, however, do not reflect the change. We order promulgation
of a corrected CMO to accurately reflect the Specification of Charge III.




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Source:  CourtListener

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