United States v. Jones

Opinion

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

No. ACM 39140 (f rev) ________________________

UNITED STATES Appellee v. Darius M. JONES Airman First Class (E-3), U.S. Air Force, Appellant ________________________

Upon further review Decided 8 September 2017 ________________________

Military Judge: Matthew P. Stoffel. Approved sentence: Bad-conduct discharge, confinement for 6 months, forfeiture of all pay and allowances, and reduction to E-1. Sentence adjudged 22 June 2016 by GCM convened at Joint Base Elmendorf- Richardson, Alaska. For Appellant: Major Lauren A. Shure, USAF; Major Travis L. Vaughan, USAF. For Appellee: Colonel Martin J. Hindel, USAF; Gerald R. Bruce, Es- quire. Before JOHNSON, MAYBERRY, and SPERANZA, 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This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 18.4.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: We have this case for further review because we ordered new post-trial processing due to an erroneous staff judge advocate’s recommendation. Unit- ed States v. Jones, No. ACM 39140, 2017 CCA LEXIS 310, at *5 (A.F. Ct. Crim. App. 28 Apr. 2017) (unpub. op.). United States v. Jones, No. ACM 39140 (f rev)

Having resolved that issue, we find the approved findings and sentence are correct in law and fact, and no error materially prejudicial to Appellant’s substantial rights occurred. Articles 59(a) and 66(c), Uniform Code of Mili- tary Justice, 10 U.S.C. §§ 859(a), 866(c). Accordingly, the approved findings and sentence are AFFIRMED.

FOR THE COURT

KURT J. BRUBAKER Clerk of the Court