United States v. Antonio

Opinion

U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS ________________________ No. ACM S32710 ________________________ UNITED STATES Appellee v. Saul ANTONIO Airman First Class (E-3), U.S. Air Force, Appellant ________________________ Appeal from the United States Air Force Trial Judiciary Decided 11 April 2022 ________________________ Military Judge: Brian C. Mason Sentence: Sentence adjudged on 14 July 2021 by SpCM convened at Scott Air Force Base, Illinois. Sentence entered by military judge on 23 August 2021: Bad-conduct discharge, hard labor without confinement for 45 days, restriction to the limits of Scott Air Force Base, Illinois for 20 days, and a reprimand. For Appellant: None. * For Appellee: Major Abbigayle C. Hunter, USAF; Mary Ellen Payne, Es- quire. Before KEY, ANNEXSTAD, and MEGINLEY, 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This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 30.4. ________________________

* On 14 July 2021 and again on 6 August 2021, Appellant declined, in writing, appellate

defense counsel representation. See United States v. Xu, 70 M.J. 140 (C.A.A.F. 2011) (mem.); see also Department of the Air Force Instruction 51-201, Administration of Military Justice, ¶ 14.5.1, 2 (18 Jan. 2019). United States v. Antonio, No. ACM S32710

PER CURIAM: The findings and sentence as entered are correct in law and fact, and no error materially prejudicial to Appellant’s substantial rights occurred. Articles 59(a) and 66(d), Uniform Code of Military Justice, 10 U.S.C. §§ 859(a), 866(d), Manual for Courts-Martial, United States (2019 ed.). Accordingly, the findings and sentence are AFFIRMED.

FOR THE COURT

CAROL K. JOYCE Clerk of the Court