United States v. Clark

UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS

UNITED STATES v. Airman First Class RYAN T. CLARK United States Air Force ACM S32201 (f rev) December 2014 Sentence adjudged 2 October 2013 by SPCM convened at Dyess Air Force Base, Texas. Military Judge: Matthew S. Ward (sitting alone).

Approved Sentence: Bad-conduct discharge, confinement for 2 months, forfeiture of $1,010.00 per month for 3 months, and reduction to E-1.

Appellate Counsel for the Appellant: Major Nicholas D. Carter.

Appellate Counsel for the United States: Lieutenant Colonel Katherine E.

Oler.

Before MITCHELL, WEBER, and CONTOVEROS Appellate Military Judges OPINION OF THE COURT This opinion is issued as an unpublished opinion and, as such, does not serve as precedent under Air Force Rule of Practice and Procedure 18.4.

PER CURIAM: This case is before our court for further review because the original action was erroneous. See United States v. Clark, ACM S32201 (A.F. Ct. Crim. App. 11 September 2014) (unpub. op.). This court returned the record of trial to The Judge Advocate General for remand to the convening authority for withdrawal of the erroneous action and substitution of a corrected action. On 9 October 2014, the convening authority withdrew the erroneous action in accordance with our decision and issued a corrected action. A corrected court-martial order followed.

The approved findings and sentence are correct in law and fact, and no error materially prejudicial to the substantial rights of the appellant occurred. Articles 59(a) and 66(c), UCMJ, 10 U.S.C. §§ 859(a), 866(c). Accordingly, the findings and sentence are AFFIRMED.

FOR THE COURT

STEVEN LUCAS Clerk of the Court

2 ACM S32201 (f rev)