United States v. Foutch

• Court: United States Air Force Court of Criminal Appeals
• Decided: October 21, 2014
• Docket: ACM 38552
• Status: Published

Opinion

UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS

UNITED STATES

v.

Senior Airman WESLEY J. FOUTCH United States Air Force

ACM 38552

21 October 2014

Sentence adjudged 28 January 2014 by GCM convened at Travis Air Force Base, California. Military Judge: Jill M. Thomas.

Approved Sentence: Bad-conduct discharge, confinement for 18 months, forfeiture of all pay and allowances, and reduction to E-1.

Appellate Counsel for the Appellant: Major Nicholas D. Carter.

Appellate Counsel for the United States: Lieutenant Colonel Katherine E. Oler.

Before

MITCHELL, WEBER, and CONTOVEROS Appellate Military Judges

This opinion is subject to editorial correction before final release.

PER CURIAM:

The approved findings and sentence are correct in law and fact, and no error materially prejudicial to the substantial rights of the appellant occurred. Article 66(c), UCMJ, 10 U.S.C. § 866(c); United States v. Reed, 54 M.J. 37, 41 (C.A.A.F. 2000).

 The court-martial order is erroneous in several respects. It fails to list a plea and finding for the Specification of the Charge; it states that the sentence was adjudged by officer and enlisted members instead of by a military judge; and it omits the portion of the sentence that involves total forfeitures of pay and allowances. We direct promulgation of a corrected court-martial order. Accordingly, the approved findings and sentence are AFFIRMED.

FOR THE COURT

STEVEN LUCAS Clerk of the Court

2 ACM 38552