United States v. Lewis

Opinion

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

No. ACM S32614 (f rev) ________________________

UNITED STATES Appellee v. Michael J. LEWIS Airman (E-2), U.S. Air Force, Appellant ________________________

Appeal from the United States Air Force Trial Judiciary Upon further review Decided 22 April 2021 ________________________

Military Judge: Andrew R. Norton (trial and remand). Sentence: Sentence adjudged on 18 June 2019 by SpCM convened at Shaw Air Force Base, South Carolina. Sentence entered by military judge on 5 August 2019 and reentered on 4 February 2021: Bad-conduct discharge, confinement for 90 days, reduction to E-1, and a reprimand. For Appellant: Major Amanda E. Dermady, USAF. Before MINK, KEY, and ANNEXSTAD, 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This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 30.4.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 entered are correct in law and fact, and no error materially prejudicial to Appellant’s substantial rights occurred. Articles 59(a) United States v. Lewis, No. ACM S32614 (f rev)

and 66(d), Uniform Code of Military Justice, 10 U.S.C. §§ 859(a), 866(d) (Man- ual for Courts-Martial, United States (2019 ed.). * Accordingly, the findings and sentence are AFFIRMED.

FOR THE COURT

CAROL K. JOYCE Clerk of the Court

* In an earlier opinion, we remanded Appellant’s case due to an error related to the

convening authority’s action. See United States v. Lewis, No. ACM S32614, 2021 CCA LEXIS 5, at *8 (A.F. Ct. Crim. App. 8 Jan. 2021) (unpub. op.). That error has been corrected by virtue of the convening authority taking new action on the case.