United States v. Zywusko

U NITED S TATES AIR F ORCE

C OURT OF C RIMINAL APPEALS ________________________

No. ACM S32481 ________________________

UNITED STATES

Appellee v.

Zachary P. ZYWUSKO

Staff Sergeant (E-5), U.S. Air Force, Appellant ________________________

Appeal from the United States Air Force Trial Judiciary Decided 26 September 2018 ________________________

Military Judge: J. Wesley Moore.

Approved sentence: Bad-conduct discharge, confinement for 6 months, and reduction to E-1. Sentence adjudged 23 June 2017 by SpCM con- vened at Joint Base Andrews, Maryland.

For Appellant: Major Patrick A. Clary, USAF.

For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; Mary Ellen Payne, Esquire.

Before JOHNSON, DENNIS, and LEWIS, 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This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 18.4.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: United States v. Zywusko, No. ACM S32481

The approved findings and sentence are correct in law and fact, and no er- ror 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

CAROL K. JOYCE

Clerk of the Court

* The staff judge advocate’s recommendation to the convening authority erroneously stated the maximum imposable punishment included, inter alia, forfeiture of two- 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.). Appellant has not asserted and we do not find any colorable showing of possible prejudice from the error under the facts of this case. See United States v. Kho, 54 M.J. 63, 65 (C.A.A.F. 2000).