United States v. Ebbing

Opinion

U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS ________________________

No. ACM S32721 ________________________

UNITED STATES Appellee v. David L. EBBING Airman Basic (E-1), U.S. Air Force, Appellant ________________________

Appeal from the United States Air Force Trial Judiciary Decided 13 May 2022 ________________________

Military Judge: Pilar G. Wennrich. Sentence: Sentence adjudged on 9 December 2021 by SpCM convened at Eglin Air Force Base, Florida. Sentence entered by military judge on 13 January 2022: Bad-conduct discharge and confinement for 60 days. For Appellant: None. * For Appellee: None. 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 This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 30.4. ________________________

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

* On 9 December 2021, and again on 19 January 2022, 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 Air Force Instruction 51-201, Administration of Mili- tary Justice, ¶ 14.5.2 (18 Jan. 2019). United States v. Ebbing, No. ACM S32721

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