United States v. Gabriel

U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS ________________________ No. ACM 39426 ________________________ UNITED STATES Appellee v. Juwan J. GABRIEL Senior Airman (E-4), U.S. Air Force, Appellant ________________________ Appeal from the United States Air Force Trial Judiciary Decided 19 October 2018 ________________________ Military Judge: Vance H. Spath.

Approved sentence: Bad-conduct discharge, confinement for 200 days, forfeiture of $850.00 pay per month for 10 months, and reduction to E- 1. Sentence adjudged 19 December 2017 by GCM convened at Vanden- berg Air Force Base, California.

For Appellant: Major Jarett F. Merk, 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 ________________________ This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 18.4.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: 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).

United States v. Gabriel, No. ACM 39426

Accordingly, the approved findings and sentence are AFFIRMED.

FOR THE COURT

CAROL K. JOYCE Clerk of the Court