United States v. Clark ( 2014 )


Menu:
  •           UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS
    UNITED STATES
    v.
    Airman First Class RYAN T. CLARK
    United States Air Force
    ACM S32201 (f rev)
    08 December 2014
    Sentence adjudged 2 October 2013 by SPCM convened at Dyess Air Force
    Base, Texas. Military Judge: Matthew S. Ward (sitting alone).
    Approved Sentence: Bad-conduct discharge, confinement for 2 months,
    forfeiture of $1,010.00 per month for 3 months, and reduction to E-1.
    Appellate Counsel for the Appellant: Major Nicholas D. Carter.
    Appellate Counsel for the United States: Lieutenant Colonel Katherine E.
    Oler.
    Before
    MITCHELL, WEBER, and CONTOVEROS
    Appellate Military Judges
    OPINION OF THE COURT
    This opinion is issued as an unpublished opinion and, as such, does not serve as precedent
    under Air Force Rule of Practice and Procedure 18.4.
    PER CURIAM:
    This case is before our court for further review because the original action was
    erroneous. See United States v. Clark, ACM S32201 (A.F. Ct. Crim. App. 11 September
    2014) (unpub. op.). This court returned the record of trial to The Judge Advocate
    General for remand to the convening authority for withdrawal of the erroneous action and
    substitution of a corrected action. On 9 October 2014, the convening authority withdrew
    the erroneous action in accordance with our decision and issued a corrected action. A
    corrected court-martial order followed.
    The approved findings and sentence are correct in law and fact, and no error
    materially prejudicial to the substantial rights of the appellant occurred. Articles 59(a)
    and 66(c), UCMJ, 10 U.S.C. §§ 859(a), 866(c). Accordingly, the findings and sentence
    are AFFIRMED.
    FOR THE COURT
    STEVEN LUCAS
    Clerk of the Court
    2                            ACM S32201 (f rev)
    

Document Info

Docket Number: ACM S32201 (f rev)

Filed Date: 12/8/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021