United States v. O'Brien

Opinion

****CORRECTED COPY – DESTROY ALL OTHERS****

UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS

UNITED STATES

v.

Airman Basic MICHAEL J. O’BRIEN, JR.

United States Air Force

ACM S32202

19 September 2014

Sentence adjudged 11 September 2013 by SPCM convened at Beale Air Force Base, California. Military Judge: Todd E. McDowell.

Approved Sentence: Bad-conduct discharge, confinement for 9 months, and forfeiture of $1010.00 pay per month for 9 months.

Appellate Counsel for the Appellant: Captain Jeffrey A. Davis.

Appellate Counsel for the United States: Gerald R. Bruce, Esquire.

Before

ALLRED, HECKER, and TELLER Appellate Military Judges

This opinion is subject to editorial correction before final release.

PER CURIAM:

The approved findings and sentence are correct in law and fact, and no error materially prejudicial to the substantial rights of the appellant occurred.* Article 66(c), UCMJ, 10 U.S.C. § 866(c); United States v. Reed, 54 M.J. 37, 41 (C.A.A.F. 2000).

*

The Court-Martial Order (CMO) incorrectly states the sentence was adjudged by a military judge. We have considered this clerical error and determined that it is not prejudicial; however, we order a corrected CMO. Air Force Instruction 51-201, Administration of Military Justice, ¶ 10.10 (6 June 2013).

Accordingly, the approved findings and sentence are AFFIRMED.

FOR THE COURT

LEAH M. CALAHAN Deputy Clerk of the Court

2 ACM S32202