United States v. Palaschak

U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS ________________________ No. ACM S32672 ________________________ UNITED STATES Appellee v. Joshua J. PALASCHAK Airman First Class (E-3), U.S. Air Force, Appellant ________________________ Appeal from the United States Air Force Trial Judiciary Decided 30 September 2021 ________________________ Military Judge: Colin P. Eichenberger.

Sentence: Sentence adjudged on 15 July 2020 by SpCM convened at F.E.

Warren Air Force Base, Wyoming. Sentence entered by military judge on 1 August 2020: Bad-conduct discharge, confinement for 75 days, for- feiture of $1,155.00 pay for one month, and reduction to E-1.

For Appellant: Major Patrick J. Hughes, USAF.

For Appellee: Mary Ellen Payne, Esq.

Before POSCH, RICHARDSON, and GOODWIN, 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 ________________________ This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 30.4.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 findings and sentence as entered are correct in law and fact, and no United States v. Palaschak, No. ACM S32672

error materially prejudicial to Appellant’s substantial rights occurred.* Arti- cles 59(a) and 66(d), Uniform Code of Military Justice, 10 U.S.C. §§ 859(a), 866(d) (Manual for Courts-Martial, United States (2019 ed.)).

Accordingly, the approved findings and sentence are AFFIRMED.

FOR THE COURT

CAROL K. JOYCE Clerk of the Court

* In our review of the record of trial, we discovered the Stipulation of Fact, marked as Prosecution Exhibit 1, was missing its three attachments. However, we discovered all three attachments are located in the “Pretrial” section of the record. We completed our review without returning the record for correction under Rule for Courts-Martial 1112(d).