United States v. Ebbing

United States Air Force Court of Criminal Appeals·Decided May 13, 2022·No. S32721·Unpublished

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This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 30.4.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 Military 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

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Related

United States v. Xu
70 M.J. 140 (Court of Appeals for the Armed Forces, 2011)