United States v. Lawson

U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS ________________________ No. ACM S32485 ________________________ UNITED STATES Appellee v. Caleb N. LAWSON Senior Airman (E-4), U.S. Air Force, Appellant ________________________ Appeal from the United States Air Force Trial Judiciary Decided 21 June 2018 ________________________ Military Judge: Andrew Kalavanos.

Approved sentence: Bad-conduct discharge, confinement for 3 months, and reduction to E-1. Sentence adjudged 30 June 2017 by SpCM con- vened at Scott Air Force Base, Illinois.

For Appellant: Major Allen S. Abrams, USAF.

For Appellee: Mary Ellen Payne, Esquire.

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 ________________________ This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 18.4.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

* The staff judge advocate’s recommendation to the convening authority erroneously stated the maximum imposable punishment included, inter alia, forfeiture of two- (Footnote continues on next page) United States v. Lawson, No. ACM S32485

cles 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

CAROL K. JOYCE Clerk of the Court

thirds of Appellant’s pay per month for 12 months and a fine. See Rules for Courts- Martial 201(f)(2)(B)(i), 1003(b)(3); United States v. Books, No. ACM S32369, 2017 CCA LEXIS 226, at *7 (A.F. Ct. Crim. App. 31 Mar. 2017) (unpub. op.). However, Ap- pellant has not asserted and we do not find any colorable showing of possible preju- dice from the error under the facts of this case. See United States v. Kho, 54 M.J. 63, 65 (C.A.A.F. 2000).