United States v. Graves

Opinion

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

No. ACM 40340 (f rev) ________________________

UNITED STATES Appellee v. Christopher N. GRAVES Senior Airman (E-4), U.S. Air Force, Appellant ________________________

Appeal from the United States Air Force Trial Judiciary Upon Further Review Decided 17 October 2023 ________________________

Military Judge: Rebecca E. Schmidt (pretrial motion); Matthew D. Tal- cott (pretrial motions); Pilar G. Wennrich (arraignment); Brian C. Ma- son (trial); Lance R. Smith (remand). 1 Sentence: Sentence adjudged on 26 May 2022 by GCM convened at Joint Base Anacostia-Bolling, Washington, District of Columbia. 2 Sentence entered by military judge on 27 June 2022, and re-entered on 8 Septem- ber 2023: Dishonorable discharge, confinement for 36 months, and re- duction to E-1. For Appellant: Major Jenna M. Arroyo, USAF; Major Jarett Merk, USAF. For Appellee: Captain Olivia B. Hoff, USAF; Mary Ellen Payne, Esquire. Before RICHARDSON, CADOTTE, and ANNEXSTAD, Appellate Mili- tary Judges. ________________________

1 The pretrial motions were pursuant to Article 30a, Uniform Code of Military Justice

(UCMJ), 10 U.S.C. § 830a. 2 Appellant was arraigned at Fort George G. Meade, Maryland. United States v. Graves, No. ACM 40340 (f rev)

This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 30.4. ________________________ PER CURIAM: Appellant’s case is before us a second time. This case was submitted for our review on its merits without assignment of error. However, in an earlier opin- ion, this court remanded the case to the Chief Trial Judge, Air Force Trial Ju- diciary, for modification of the entry of judgment as noted in our opinion. United States v. Graves, No. ACM 40340, 2023 CCA LEXIS 356 (A.F. Ct. Crim. App. 23 Aug. 2023) (per curiam) (unpub. op.). On 8 September 2023, a detailed military judge issued a corrected copy of the entry of judgment. Appellant’s case was then returned to this court. The corrected entry of judgment complies with our remand order. The findings and sentence as entered on 8 September 2023 are correct in law and fact, and no error materially prejudicial to the substantial rights of Appellant occurred. Articles 59(a) and 66(d), UCMJ, 10 U.S.C. §§ 859(a), 866(d). Accordingly, the findings and the sentence are AFFIRMED.

FOR THE COURT

CAROL K. JOYCE Clerk of the Court