United States v. Workneh

U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS

________________________ No. ACM 38928 (f rev) ________________________ UNITED STATES Appellee v. Tefera M. WORKNEH Staff Sergeant (E-5), U.S. Air Force, Appellant ________________________ Upon further review Decided 18 May 2017 ________________________

Military Judge: Brendon K. Tukey (arraignment); Joseph S. Imburgia (trial).

Approved sentence: Dishonorable discharge, confinement for 6 years, forfeiture of all pay and allowances, and reduction to E-1. Sentence ad- judged 29 September 2015 by GCM convened at Travis Air Force Base, California.

For Appellant: Kirk Sripinyo, Esquire (argued); Major Michael A. Schrama, USAF; Captain Patrick L. Clary, USAF.

For Appellee: Captain Tyler B. Musselman, USAF (argued); Colonel Kathe- rine E. Oler, USAF; Gerald R. Bruce, Esquire; Morgan L. Herrell (civilian in- tern). 1 Before MAYBERRY, HARDING, and C. BROWN, Appellate Military Judges.

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This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 18.4.

United States v. Workneh, No. ACM 38928 (f rev)

PER CURIAM:

This case is back before our court for further review because the original convening authority’s action contained errors. United States v. Workneh, ACM No. 38928, 2017 CCA LEXIS 219, at *10 (A.F. Ct. Crim. App. 24 Mar. 2017). On 4 May 2017, the convening authority withdrew the erroneous action in ac- cordance with our original decision and issued a corrected action. A corrected court-martial order was also executed.

Having resolved that issue, the approved findings and sentence are correct in law and fact, and no error materially prejudicial to Appellant’s substantial rights occurred. Articles 59(a) and 66(c), Uniform Code of Military Jus- tice, 10 U.S.C. §§ 859(a), 866(c). Accordingly, the approved findings and sen- tence are AFFIRMED.

FOR THE COURT KURT J. BRUBAKER Clerk of the Court