United States v. Pesina

Opinion

UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS

UNITED STATES

v.

Airman JUAN M. PESINA

United States Air Force

ACM S32196

17 July 2014

Sentence adjudged 9 October 2013 by SPCM convened at Nellis Air Force Base, Nevada. Military Judge: Christopher M. Schumann.

Approved Sentence: Bad-conduct discharge and confinement for 5 months.

Appellate Counsel for the Appellant: Major Nicholas Carter and Major Jennifer J. Raab.

Appellate Counsel for the United States: Colonel Don M. Christensen.

Before

ALLRED, MITCHELL, and WEBER 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 notes that the Court-Martial Order (CMO), dated 16 December 2013 is incorrect in that it fails to indicate pleas and findings for the specifications. The Court orders the promulgation of a corrected CMO.

Accordingly, the approved findings and sentence are AFFIRMED.

FOR THE COURT

STEVEN LUCAS Clerk of the Court

2 ACM S32196