United States v. Tolano

U NITED S TATES A IR F ORCE C OURT OF C RIMINAL APPEALS ________________________ No. ACM 40196 ________________________ UNITED STATES Appellee v. John L. TOLANO Technical Sergeant (E-6), U.S. Air Force, Appellant ________________________ Appeal from the United States Air Force Trial Judiciary Decided 31 October 2022 ________________________ Military Judge: Christina M. Jimenez.

Sentence: Sentence adjudged on 13 July 2021 by GCM convened at Can- non Air Force Base, New Mexico. Sentence entered by military judge on August 2021: Dishonorable discharge, confinement for 5 years, for- feiture of all pay and allowances, and reduction to E-1.

For Appellant: Major Spencer R. Nelson, USAF.

For Appellee: Lieutenant Colonel Thomas J. Alford, USAF; Major John P. Patera, USAF; Major Brittany M. Speirs, USAF; Mary Ellen Payne, Esquire.

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 ________________________ This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 30.4.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 as entered are correct in law and fact, and no error materially prejudicial to Appellant’s substantial rights occurred. Articles United States v. Tolano, No. ACM 40196

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 find- ings and sentence are AFFIRMED.

FOR THE COURT

CAROL K. JOYCE Clerk of the Court