United States v. Marshall

Opinion

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

No. ACM S32676 ________________________

UNITED STATES Appellee v. Xhyjhaet T. MARSHALL Airman First Class (E-3), U.S. Air Force, Appellant ________________________

Appeal from the United States Air Force Trial Judiciary Decided 13 December 2021 ________________________

Military Judge: Brett A. Landry. Sentence: Sentence adjudged on 10 November 2020 by SpCM convened at Nellis Air Force Base, Nevada. Sentence entered by military judge on 11 December 2020: Bad-conduct discharge, confinement for 12 months, reduction to E-1, and a reprimand. For Appellant: Captain Ryan S. Crnkovich, USAF. For Appellee: Lieutenant Colonel Matthew J. Neil, USAF; Major John P. Patera, USAF; Mary Ellen Payne, Esquire. Before LEWIS, ANNEXSTAD, and OWEN, 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This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 30.4.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 as entered are correct in law and fact, and no error materially prejudicial to Appellant’s substantial rights occurred. Articles 59(a) and 66(d), Uniform Code of Military Justice, 10 U.S.C. §§ 859(a), 866(d). United States v. Marshall, No. ACM S32676

Manual for Courts-Martial, United States (2019 ed.). Accordingly, the findings and sentence are AFFIRMED.

FOR THE COURT

CAROL K. JOYCE Clerk of the Court