United States v. Private E1 DUSTIN A. OWENS

UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before ZOLPER, COOK, and CONN Appellate Military Judges UNITED STATES, Appellee v. Private E1 DUSTIN A. OWENS United States Army, Appellant ARMY 20070264 United States Army Signal Center and Fort Gordon Donna M. Wright, Military Judge Colonel D. Shawn Shumake, Staff Judge Advocate For Appellant: Colonel Christopher J. O’Brien, JA; Lieutenant Colonel Steven C. Henricks, JA; Major Sean F. Mangan, JA; Captain Nathan J.

Bankson, JA (on brief).

For Appellee: Colonel John W. Miller II, JA; Major Elizabeth G. Marotta, JA; Captain Michael C. Friess, JA; Captain Michael G. Pond, JA (on brief).

21 November 2008 --------------------------------- SUMMARY DISPOSITION -------------------------------- Per Curiam: In accordance with the directive of our superior court, United States v. Owens, __ M.J. __, No. 07-0856/AR (C.A.A.F. Oct. 24, 2008) (order), appellant is granted one hundred and three (103) additional days credit against his sentence to confinement. All rights, privileges, and property, of which appellant has been deprived by virtue of that portion of his sentence set aside by this decision are restored. See Articles 58b(c) and 75(a), Uniform Code of Military Justice, 10 U.S.C. §§ 858b(c) and 875(a).

On consideration of the entire record, including those matters personally submitted by appellant, we hold the findings of guilty and the remaining sentence as approved by the convening authority are correct in law and fact. Accordingly, those findings of guilty and the sentence are AFFIRMED.

FOR THE COURT:

MALCOLM H. SQUIRES, JR. Clerk of Court