United States v. Hernandez

Opinion

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

No. ACM S32535 ________________________

UNITED STATES Appellee v. Kyle R. HERNANDEZ Airman First Class (E-3), U.S. Air Force, Appellant ________________________

Appeal from the United States Air Force Trial Judiciary Decided 21 May 2019 ________________________

Military Judge: Mark F. Rosenow. Approved sentence: Bad-conduct discharge, confinement for 6 months, reduction to E-1, and a reprimand. Sentence adjudged 19 April 2018 by SpCM convened at Robins Air Force Base, Georgia. For Appellant: Major Rebecca J. Otey, USAF; Major Mark J. Schwartz, USAF. For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; Mary Ellen Payne, Esquire. Before JOHNSON, DENNIS, and LEWIS, Appellate Military Judges. ________________________

This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 18.4. ________________________

PER CURIAM: The approved findings and sentence are correct in law and fact, and no er- ror materially prejudicial to Appellant’s substantial rights occurred. Articles United States v. Hernandez, No. ACM S32535

59(a) and 66(c), Uniform Code of Military Justice, 10 U.S.C. §§ 859(a), 866(c) (2016). Accordingly, the approved findings and sentence are AFFIRMED. *

FOR THE COURT

CAROL K. JOYCE Clerk of the Court

* We note the court-martial order fails to reflect the plea and finding with respect to the Specification of Charge I. In addition, we note the court-martial order omits the language of the reprimand from the convening authority’s action. We direct the publi- cation of a corrected court-martial order to remedy these errors.