United States v. Hernandez-Hernandez

U NITED S TATES A IR F ORCE C OURT OF C RIMINAL APPEALS ________________________ No. ACM 40353 ________________________ UNITED STATES Appellee v. VictorHugo HERNANDEZ-HERNANDEZ Airman Basic (E-1), U.S. Air Force, Appellant ________________________ Appeal from the United States Air Force Trial Judiciary Decided 16 August 2023 ________________________ Military Judge: Brett A. Landry.

Sentence: Sentence adjudged 7 June 2022 by GCM convened at Creech Air Force Base, Nevada. Sentence entered by military judge on 7 July 2022: Bad-conduct discharge, confinement for 6 months, and total for- feiture of pay and allowances.

For Appellant: Major David L. Bosner, USAF; Major Alexandra K.

Fleszar, USAF; Major Jarett Merk, USAF.

For Appellee: Lieutenant Colonel Thomas J. Alford, USAF; Captain Olivia B. Hoff, USAF; Mary Ellen Payne, Esquire.

Before ANNEXSTAD, GRUEN, and KEARLEY, 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 ________________________ This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 30.4.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 the substantial rights of Appellant occurred. Ar- ticles 59(a) and 66(d), UCMJ, 10 U.S.C. §§ 859(a), 866(d). Manual for Courts- United States v. Hernandez-Hernandez, No. ACM 40353

Martial, United States (2019 ed.). Accordingly, the findings and sentence are AFFIRMED.*

FOR THE COURT

CAROL K. JOYCE Clerk of the Court

* The court notes that there are three pages in the Post-Sentencing section of Appel- lant’s record of trial that are from the record of trial of another Airman, and should be properly removed.