United States v. Vidrine

U NITED S TATES A IR F ORCE C OURT OF C RIMINAL APPEALS ________________________ No. ACM 23013 ________________________ UNITED STATES Appellee v. Benjamin P. VIDRINE Jr. Airman Basic (E-1), U.S. Air Force, Appellant ________________________ Appeal from the United States Air Force Trial Judiciary Decided 25 June 2024 ________________________ Military Judge: Michael A. Schrama.

Sentence: Sentence adjudged 19 December 2022 by SpCM convened at Keesler Air Force Base, Mississippi. Sentence entered by military judge on 17 January 2023: 60 days confinement and a reprimand.

For Appellant: Lieutenant Colonel Jarett Merk; USAF, Major Samantha P. Golseth, USAF.

For Appellee: Lieutenant Colonel J. Pete Ferrell, USAF; Major Brittany M. Speirs, USAF; Mary Ellen Payne, Esquire.

Before ANNEXSTAD, DOUGLAS, and MASON, 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 ________________________ This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 30.4 ________________________ PER CURIAM: The findings and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 no error ma- terially prejudicial to the substantial rights of Appellant occurred. Articles 59(a) and 66(d), Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 859(a), United States v. Vidrine, No. ACM 23013

866(d) (Manual for Courts-Martial, United States (2024 ed.)).* Accordingly, the findings and sentence are AFFIRMED.

FOR THE COURT

CAROL K. JOYCE Clerk of the Court

* Pursuant to Article 66(d)(1)(A), UCMJ, 10 U.S.C. § 866(d)(1)(A), this court reviewed Appellant’s case for legal error only given Appellant’s convicted offenses are dated after January 2021, Appellant’s case was submitted on the merits alone, and Appellant did not request that this court review his case for factual sufficiency.