Elawyers Elawyers
Ohio| Change

United States v. DeClue, ACM S32555 (2019)

Court: United States Air Force Court of Criminal Appeals Number: ACM S32555 Visitors: 10
Filed: Aug. 22, 2019
Latest Update: Mar. 03, 2020
Summary: U NITED S TATES AIR F ORCE, C OURT OF C RIMINAL APPEALS, ________________________ Articles, United States v. DeClue, No. ACM S32555 , 2 We note the Court-Martial Order (CMO) dated 30 November 2018 states that Speci-, fication 3 of the Charge was withdrawn and dismissed after arraignment.
              U NITED S TATES AIR F ORCE
             C OURT OF C RIMINAL APPEALS
                          ________________________

                              No. ACM S32555
                          ________________________

                            UNITED STATES
                                Appellee
                                      v.
                        Austin C.A. DECLUE
              Senior Airman E-4, U.S. Air Force, Appellant
                          ________________________

        Appeal from the United States Air Force Trial Judiciary
                          Decided 22 August 2019
                          ________________________

Military Judge: Bryon T. Gleisner.
Approved sentence: Bad-conduct discharge, confinement for 135 days,
and reduction to E-1. Sentence adjudged 11 September 2018 by SpCM
convened at Barksdale Air Force Base, Louisiana.
For Appellant: Captain David A. Schiavone, USAF.
Before MAYBERRY, MINK, and D. JOHNSON, Appellate Military
Judges.
                          ________________________

    This is an unpublished opinion and, as such, does not serve as
    precedent under AFCCA Rule of Practice and Procedure 30.4.
                       ________________________
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. DeClue, No. ACM S32555


59(a) and 66(c), Uniform Code of Military Justice, 10 U.S.C. §§ 859(a), 866(c). 1
Accordingly, the approved findings and sentence are AFFIRMED. 2


                    FOR THE COURT



                    CAROL K. JOYCE
                    Clerk of the Court




1   Manual for Courts-Martial, United States (2016 ed.).
2 We note the Court-Martial Order (CMO) dated 30 November 2018 states that Speci-
fication 3 of the Charge was withdrawn and dismissed after arraignment. The military
judge erroneously announced a finding of Not Guilty to this Specification. The Court
orders promulgation of a corrected CMO.


                                            2

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer