United States v. Hernandez, ACM S32535 (2019)
Court: United States Air Force Court of Criminal Appeals
Number: ACM S32535
Visitors: 29
Filed: May 21, 2019
Latest Update: Mar. 03, 2020
Summary: , For Appellant: Major Rebecca J. Otey, USAF;PER CURIAM:, The approved findings and sentence are correct in law and fact, and no er-, ror materially prejudicial to Appellants substantial rights occurred. We direct the publi-, cation of a corrected court-martial order to remedy these errors.
U NITED S TATES AIR F ORCE
C OURT OF C RIMINAL APPEALS
________________________
No. ACM S32535
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UNITED STATES
Appellee
v.
Kyle R. HERNANDEZ
Airman First Class (E-3), U.S. Air Force, Appellant
________________________
Appeal from the United States Air Force Trial Judiciary
Decided 21 May 2019
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Military Judge: Mark F. Rosenow.
Approved sentence: Bad-conduct discharge, confinement for 6 months,
reduction to E-1, and a reprimand. Sentence adjudged 19 April 2018 by
SpCM convened at Robins Air Force Base, Georgia.
For Appellant: Major Rebecca J. Otey, USAF; Major Mark J. Schwartz,
USAF.
For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; Mary Ellen
Payne, Esquire.
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This is an unpublished opinion and, as such, does not serve as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
United States v. Hernandez, No. ACM S32535
59(a) and 66(c), Uniform Code of Military Justice, 10 U.S.C. §§ 859(a), 866(c)
(2016). Accordingly, the approved findings and sentence are AFFIRMED. *
FOR THE COURT
CAROL K. JOYCE
Clerk of the Court
* We note the court-martial order fails to reflect the plea and finding with respect to
the Specification of Charge I. In addition, we note the court-martial order omits the
language of the reprimand from the convening authority’s action. We direct the publi-
cation of a corrected court-martial order to remedy these errors.
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Source: CourtListener