United States v. DeClue

U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS ________________________ No. ACM S32555 ________________________ UNITED STATES Appellee v. Austin C.A. DECLUE Senior Airman E-4, U.S. Air Force, Appellant ________________________ Appeal from the United States Air Force Trial Judiciary Decided 22 August 2019 ________________________ Military Judge: Bryon T. Gleisner.

Approved sentence: Bad-conduct discharge, confinement for 135 days, and reduction to E-1. Sentence adjudged 11 September 2018 by SpCM convened at Barksdale Air Force Base, Louisiana.

For Appellant: Captain David A. Schiavone, USAF.

Before MAYBERRY, MINK, and D. JOHNSON, Appellate Military Judges. ________________________ This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 30.4. ________________________ 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 United States v. DeClue, No. ACM S32555

59(a) and 66(c), Uniform Code of Military Justice, 10 U.S.C. §§ 859(a), 866(c). 1 Accordingly, the approved findings and sentence are AFFIRMED. 2

FOR THE COURT

CAROL K. JOYCE Clerk of the Court

1 Manual for Courts-Martial, United States (2016 ed.).

2 We note the Court-Martial Order (CMO) dated 30 November 2018 states that Speci- fication 3 of the Charge was withdrawn and dismissed after arraignment. The military judge erroneously announced a finding of Not Guilty to this Specification. The Court orders promulgation of a corrected CMO.