United States v. DiFalco

U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS ________________________ No. ACM S32529 ________________________ UNITED STATES Appellee v. Brett M. DIFALCO Senior Airman (E-4), U.S. Air Force, Appellant ________________________ Appeal from the United States Air Force Trial Judiciary Decided 14 March 2019 ________________________ Military Judge: Donald R. Eller, Jr. Approved sentence: Bad-conduct discharge, confinement for 2 months, and reduction to E-1. Sentence adjudged 17 April 2018 by SpCM con- vened at Minot Air Force Base, North Dakota.

For Appellant: Lieutenant Colonel R. Davis Younts, USAF.

Before HUYGEN, MINK, and KEY, 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 ________________________ This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 18.4.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) (2016).

United States v. DiFalco, No. ACM S32529

Accordingly, the approved findings and sentence are AFFIRMED.

FOR THE COURT

CAROL K. JOYCE Clerk of the Court