United States v. Mashburn

U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS ________________________ No. ACM S32442 ________________________ UNITED STATES Appellee v. Stephen R. MASHBURN, Jr. Airman Basic (E-1), U.S. Air Force, Appellant ________________________ Appeal from the United States Air Force Trial Judiciary

Decided 25 August 2017 ________________________ Military Judge: Brian D. Teter.

Approved sentence: Bad-conduct discharge, confinement for 5 months, and forfeiture of $1044.00 pay per month for 5 months. Sentence ad- judged 21 October 2016 by SpCM convened at Whiteman Air Force Base, Missouri.

For Appellant: Lieutenant Colonel R. Davis Younts, USAF; Captain Patrick A. Clary, USAF.

For Appellee: Major Mary Ellen Payne, USAF.

Before DREW, MAYBERRY and DENNIS, 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 ________________________ This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 18.4.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: The approved findings and sentence are correct in law and fact, and no error materially prejudicial to Appellant’s substantial rights occurred. Arti- cles 59(a) and 66(c), UCMJ, 10 U.S.C. §§ 859(a), 866(c).

United States v. Mashburn, No. ACM S32442

Accordingly, the approved findings and sentence are AFFIRMED. 1

FOR THE COURT

KURT J. BRUBAKER Clerk of the Court

1 We note the Court-Martial Order (CMO) does not contain a plea or finding for Spec- ification 5 of the Charge. We order promulgation of a corrected CMO.