United States v. Perea

U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS ________________________ No. ACM S32408 (f rev) ________________________ UNITED STATES Appellee v. Carlos O. PEREA Airman First Class (E-3), U.S. Air Force, Appellant ________________________ Upon further review Decided 26 July 2017 ________________________ Military Judge: Charles E. Wiedie, Jr. Approved sentence: Bad-conduct discharge, confinement for 8 months, and reduction to E-1. Sentence adjudged 18 April 2016 by SpCM con- vened at Kadena Air Base, Japan.

For Appellant: Captain Kevin R. Cayton, USAF; Captain Patricia En- carnación Miranda, USAF.

For Appellee: Gerald R. Bruce, Esquire.

Before MAYBERRY, JOHNSON, and SPERANZA, Appellate Military Judges. ________________________ This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 18.4. ________________________

PER CURIAM: We have this case for further review because the original convening au- thority’s action failed to reflect the deferral of Appellant’s reduction to E-1.

United States v. Perea, No. ACM S32408, 2017 CCA LEXIS 353, at *4–6 (A.F.

Ct. Crim. App. 24 May 2017).

United States v. Perea, No. ACM S32408 (f rev)

Having resolved that issue, we find 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 Mili- tary Justice, 10 U.S.C. §§ 859(a), 866(c). Accordingly, the approved findings and sentence are AFFIRMED.

FOR THE COURT

KURT J. BRUBAKER Clerk of the Court