United States v. Rogers

U NITED S TATES AIR F ORCE

C OURT OF C RIMINAL APPEALS ________________________

No. ACM S32342 (f rev) ________________________

UNITED STATES

Appellee v.

Corey R. ROGERS

Airman First Class (E-3), U.S. Air Force, Appellant ________________________

Appeal from the United States Air Force Trial Judiciary Decided 2 August 2017 ________________________

Military Judge: Wendy L. Sherman (sitting alone).

Approved sentence: Bad-conduct discharge, confinement for 4 months, forfei- ture of $1,031 pay per month for 4 months, and reduction to E-1. Sentence adjudged 29 June 2015 by SpCM convened at Barksdale Air Force Base, Lou- isiana.

For Appellant: Lieutenant Colonel Anthony D. Ortiz, USAF; Major Lauren A. Shure, USAF.

For Appellee: Colonel Laura J. Megan-Posch, USAF; Major Amanda L.K. Li- nares, USAF; Major Mary Ellen Payne, USAF; Gerald R. Bruce, Esquire. Before DREW, MAYBERRY, and MINK, 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This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 18.4.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 staff judge advocate orig- inally erred in advising the convening authority that she could not disap- prove Appellant’s punitive discharge. See United States v. Rogers, 76 M.J. 621 (A.F. Ct. Crim. App. 2017). Having resolved that issue, we find the approved United States v. Rogers, No. ACM S32342 (f rev) 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 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