U S Air Force Court of Criminal Appeals, 2016

United States v. McInnis

U S Air Force Court of Criminal Appeals · Decided January 6, 2016

Opinion

UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS

UNITED STATES v. Senior Airman GEORGE A. MCINNIS United States Air Force ACM S32319 January 2016 Sentence adjudged 25 March 2015 by SPCM convened at Spangdahlem Air Base, Germany. Military Judge: Christopher F. Leavey (sitting alone).

Approved Sentence: Bad-conduct discharge, confinement for 45 days, and reduction to E-1.

Appellate Counsel for the Appellant: Captain Virginia M. Bare.

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

Before MITCHELL, DUBRISKE, and BROWN Appellate Military Judges This opinion is issued as an unpublished opinion and, as such, does not serve as precedent under Rule of Practice and Procedure 18.4.

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.1 Article 66(c), UCMJ, 10 U.S.C. § 866(c); United States v. Reed, 54 M.J. 37, 41 (C.A.A.F. 2000).

Accordingly, the approved findings and sentence are AFFIRMED.

FOR THE COURT

LEAH M. CALAHAN

Clerk of the Court

2 ACM S32319

1 We note the addendum to the staff judge advocate’s recommendation (SJAR) did not specifically advise the convening authority of his mandatory requirement to consider the SJAR and the report of result of trial before taking action. See Rule for Courts-Martial 1107(b)(3)(A); Air Force Instruction (AFI) 51-201, Administration of Military Justice, ¶ 9.20.1.2 (6 June 2013). However, given the convening authority noted he reviewed all matters attached to the addendum, including the SJAR and report of result of trial, we find Appellant was not prejudiced. The consistent use of post-trial processing templates found in AFI 51-201 will eliminate unnecessary errors as found here and better facilitate accurate post-trial processing.

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