United States v. Workneh ( 2017 )


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  •                U NITED S TATES AIR F ORCE
    C OURT OF C RIMINAL APPEALS
    ________________________
    No. ACM 38928 (f rev)
    ________________________
    UNITED STATES
    Appellee
    v.
    Tefera M. WORKNEH
    Staff Sergeant (E-5), U.S. Air Force, Appellant
    ________________________
    Upon further review
    Decided 18 May 2017
    ________________________
    Military Judge: Brendon K. Tukey (arraignment); Joseph S. Imburgia
    (trial).
    Approved sentence: Dishonorable discharge, confinement for 6 years,
    forfeiture of all pay and allowances, and reduction to E-1. Sentence ad-
    judged 29 September 2015 by GCM convened at Travis Air Force Base,
    California.
    For Appellant: Kirk Sripinyo, Esquire (argued); Major Michael A. Schrama,
    USAF; Captain Patrick L. Clary, USAF.
    For Appellee: Captain Tyler B. Musselman, USAF (argued); Colonel Kathe-
    rine E. Oler, USAF; Gerald R. Bruce, Esquire; Morgan L. Herrell (civilian in-
    tern). 1
    Before MAYBERRY, HARDING, and C. BROWN, Appellate Military Judges.
    ________________________
    This is an unpublished opinion and, as such, does not serve as
    precedent under AFCCA Rule of Practice and Procedure 18.4.
    ________________________
    1Ms. Herrell was a law student extern with the Air Force Legal Operations Agency
    and was at all times supervised by attorneys admitted to practice before this court.
    United States v. Workneh, No. ACM 38928 (f rev)
    PER CURIAM:
    This case is back before our court for further review because the original
    convening authority’s action contained errors. United States v. Workneh, ACM
    No. 38928, 
    2017 CCA LEXIS 219
    , at *10 (A.F. Ct. Crim. App. 
    24 Mar. 2017
    ).
    On 4 May 2017, the convening authority withdrew the erroneous action in ac-
    cordance with our original decision and issued a corrected action. A corrected
    court-martial order was also executed.
    Having resolved that issue, the approved findings and sentence are correct
    in law and fact, and no error materially prejudicial to Appellant’s substantial
    rights occurred. Articles 59(a) and 66(c), Uniform Code of Military Jus-
    tice, 
    10 U.S.C. §§ 859
    (a), 866(c). Accordingly, the approved findings and sen-
    tence are AFFIRMED.
    FOR THE COURT
    KURT J. BRUBAKER
    Clerk of the Court
    2
    

Document Info

Docket Number: ACM 38928 (f rev)

Filed Date: 5/18/2017

Precedential Status: Non-Precedential

Modified Date: 4/18/2021