United States v. Hayes

U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS ________________________ No. ACM 39736 ________________________ UNITED STATES Appellee v. Zachre M. HAYES Senior Airman (E-4), U.S. Air Force, Appellant ________________________ Appeal from the United States Air Force Trial Judiciary Decided 22 December 2020 ________________________ Military Judge: Joseph S. Imburgia.

Approved sentence: Dishonorable discharge, confinement for 300 months, and reduction to E-1. Sentence adjudged 27 February 2019 by GCM convened at Kadena Air Base, Okinawa, Japan.

For Appellant: Major Benjamin H. DeYoung, USAF.

For Appellee: Lieutenant Colonel Brian C. Mason, USAF; Mary Ellen Payne, Esquire.

Before MINK, KEY, and ANNEXSTAD, 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 ________________________ This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 30.4.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 59(a) and 66(c), Uniform Code of Military Justice, 10 U.S.C. §§ 859(a), 866(c).

United States v. Hayes, No. ACM 39736

Manual for Courts-Martial, United States (2016 ed.). Accordingly, the ap- proved findings and sentence are AFFIRMED. *

FOR THE COURT

CAROL K. JOYCE Clerk of the Court

* As noted by Appellant’s counsel in the Merits Brief, the court-martial order (CMO) correctly states that Appellant entered a plea of not guilty to Charge II, but then in- correctly states that Appellant entered a plea of guilty to the Specification of Charge II. We direct a corrected CMO to remedy the error.