U S Air Force Court of Criminal Appeals, 2021

United States v. Castro

United States v. Castro
U S Air Force Court of Criminal Appeals · Decided August 31, 2021
United States v. Castro

Opinion

U NITED S TATES A IR F ORCE C OURT OF C RIMINAL A PPEALS ________________________ No. ACM S32650 ________________________ UNITED STATES Appellee v. Larry D. CASTRO Senior Airman (E-4), U.S. Air Force, Appellant ________________________ Appeal from the United States Air Force Trial Judiciary Decided 31 August 2021 ________________________ Military Judge: Rebecca E. Schmidt.

Sentence: Sentence adjudged on 14 February 2020 by SpCM convened at Travis Air Force Base, California. Sentence entered by military judge on 9 March 2020: Bad-conduct discharge, confinement for 80 days, and reduction to E-1.

For Appellant: Major Alexander A. Navarro, USAF; Major Christopher C. Newton, USAF.

For Appellee: Lieutenant Colonel Matthew J. Neil, USAF.

Before POSCH, RICHARDSON, and CADOTTE, 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 ________________________ This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 30.4.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 entered are correct in law and fact, and no error materially prejudicial to Appellant’s substantial rights occurred. Articles 59(a) and 66(d), Uniform Code of Military Justice, 10 U.S.C. §§ 859(a), 866(d) (Man- ual for Courts-Martial, United States (2019 ed.)).

United States v. Castro, No. ACM S32650

Accordingly, the approved findings and sentence are AFFIRMED. *

FOR THE COURT

CAROL K. JOYCE Clerk of the Court

* The Statement of Trial Results failed to include the command that convened the court-martial as required by R.C.M. 1101(a)(3). Appellant has not claimed prejudice and we find none. See United States v. Moody-Neukom, No. ACM S32594, 2019 CCA LEXIS 521, at *2–3 (A.F. Ct. Crim. App. 16 Dec. 2019) (unpub. op.) (per curiam).

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