United States v. Mickens

Opinion

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

No. ACM S32396 (f rev) ________________________

UNITED STATES Appellee v. Rashaad D. MICKENS Airman Basic (E-1), U.S. Air Force, Appellant ________________________

Appeal from the United States Air Force Trial Judiciary Decided 21 September 2017 ________________________

Military Judge: James R. Dorman. Approved sentence: Bad-conduct discharge, confinement for 3 months, and a reprimand. Sentence adjudged 2 March 2016 by SpCM convened at Offutt Air Force Base, Nebraska. For Appellant: Major Travis L. Vaughan, USAF. Before DREW, JOHNSON, and MINK, 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This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 18.4.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 the staff judge advocate orig- inally erred in advising the convening authority that he could not disapprove the confinement portion of Appellant’s sentence, in whole or in part. See United States v. Mickens, No. ACM S32396, 2017 CCA LEXIS 336 (A.F. Ct. Crim. App. 18 May 2017) (unpub. op.). Having resolved that issue, we find the approved findings and sentence are correct in law and fact, and no error materially prej- udicial to Appellant’s substantial rights occurred. Articles 59(a) and 66(c), Uni- form Code of Military Justice, 10 U.S.C. §§ 859(a), 866(c). United States v. Mickens, No. ACM S32396 (f rev)

Accordingly, the approved findings and sentence are AFFIRMED.

FOR THE COURT

KURT J. BRUBAKER Clerk of the Court