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United States v. Lanier, ACM S32572 (2019)

Court: United States Air Force Court of Criminal Appeals Number: ACM S32572 Visitors: 9
Filed: Apr. 30, 2019
Latest Update: Mar. 03, 2020
Summary: Military Judge: Matthew D. Talcott., For Appellant: Major Kirk W. Albertson, USAF.* We note two errors in the promulgating order. Additionally, the order omits that a, military judge adjudged the sentence on 20 December 2018. See Rule for Courts-Mar-, tial 1114(c)(2) (2016);
              U NITED S TATES AIR F ORCE
             C OURT OF C RIMINAL APPEALS
                          ________________________

                              No. ACM S32572
                          ________________________

                            UNITED STATES
                                Appellee
                                      v.
                         Hunter A. LANIER
              Airman Basic (E-1), U.S. Air Force, Appellant
                          ________________________

        Appeal from the United States Air Force Trial Judiciary
                           Decided 30 April 2019
                          ________________________

Military Judge: Matthew D. Talcott.
Approved sentence: Bad-conduct discharge, confinement for 30 days, and
a reprimand. Sentence adjudged 20 December 2018 by SpCM convened
at Sheppard Air Force Base, Texas.
For Appellant: Major Kirk W. Albertson, USAF.
Before JOHNSON, DENNIS, and LEWIS, 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    This is an unpublished opinion and, as such, does not serve as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
59(a) and 66(c), Uniform Code of Military Justice, 10 U.S.C. §§ 859(a), 866(c)
(2016).
                    United States v. Lanier, No. ACM S32572


Accordingly, the approved findings and sentence are AFFIRMED. *


                   FOR THE COURT



                   CAROL K. JOYCE
                   Clerk of the Court




* We note two errors in the promulgating order. Specification 3 of Charge II is missing
the word “between” before the first offense date. Additionally, the order omits that a
military judge adjudged the sentence on 20 December 2018. See Rule for Courts-Mar-
tial 1114(c)(2) (2016); Air Force Instruction 51–201, Administration of Military Justice,
¶ 9.8.2.3 (8 Dec. 2017). We direct the publication of a corrected court-martial order to
remedy the errors.


                                           2

Source:  CourtListener

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