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United States v. Andino Diaz, ACM 39453 (2019)

Court: United States Air Force Court of Criminal Appeals Number: ACM 39453 Visitors: 35
Filed: Mar. 25, 2019
Latest Update: Mar. 03, 2020
Summary: Military Judge: Jefferson B. Brown., Approved sentence: Dishonorable discharge, confinement for 24 months, forfei-, ture of all pay and allowances, reduction to E-1, and a reprimand., For Appellant: Major Todd M. Swensen, USAF., For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF;
              U NITED S TATES AIR F ORCE
             C OURT OF C RIMINAL APPEALS
                          ________________________

                               No. ACM 39453

                          ________________________

                             UNITED STATES
                                 Appellee
                                      v.

                       Adriel R. ANDINO DIAZ
               Senior Airman (E-4), U.S. Air Force, Appellant
                          ________________________

           Appeal from the United States Air Force Trial Judiciary
                           Decided 25 March 2019
                          ________________________

Military Judge: Jefferson B. Brown.
Approved sentence: Dishonorable discharge, confinement for 24 months, forfei-
ture of all pay and allowances, reduction to E-1, and a reprimand. Sentence
adjudged 12 February 2018 by GCM convened at Minot Air Force Base, North
Dakota.
For Appellant: Major Todd M. Swensen, USAF.
For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; Captain Peter F.
Kellett, USAF; Mary Ellen Payne, Esquire.
Before HUYGEN, MINK, and POSCH, 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    This is an unpublished opinion and, as such, does not serve as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. Andino Diaz, No. ACM 39453



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




                                       2

Source:  CourtListener

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