United States v. Mayes ( 2015 )


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  •               UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS
    UNITED STATES
    v.
    Senior Airman CODY A. MAYES
    United States Air Force
    ACM S32276
    1 October 2015
    Sentence adjudged 6 November 2014 by SPCM convened at Little Rock Air
    Force Base, Arkansas. Military Judge: Joshua E. Kastenberg (sitting
    alone).
    Approved Sentence: Bad-conduct discharge, confinement for 9 months,
    forfeiture of $1,000.00 pay per month for 9 months, reduction to E-1, and a
    reprimand.
    Appellate Counsel for the Appellant: Captain Lauren A. Shure.
    Appellate Counsel for the United States: Gerald R. Bruce, Esquire.
    Before
    HECKER, DUBRISKE, and BROWN
    Appellate Military Judges
    This opinion is issued as an unpublished opinion and, as such, does not serve as precedent
    under AFCCA Rule of Practice and Procedure 18.4.
    PER CURIAM:
    The approved findings and sentence are correct in law and fact, and no error
    materially prejudicial to the substantial rights of Appellant occurred. Article 66(c),
    UCMJ, 10 U.S.C. § 866(c); United States v. Reed, 
    54 M.J. 37
    , 41 (C.A.A.F. 2000).
    
    We note the initial court-martial order (CMO), dated 5 December 2014, should have reflected Appellant’s not
    guilty pleas to Specifications 2, 6, 7, 9 and 11 of the Charge, as well as his plea and the military judge’s findings by
    exceptions for Specification 5. See Air Force Instruction 51-201, Administration of Military Justice, ¶ 10.8.2.2.1.
    We therefore direct a corrected CMO.
    Accordingly, the approved findings and sentence are AFFIRMED.
    FOR THE COURT
    STEVEN LUCAS
    Clerk of the Court
    2                       ACM S32276
    

Document Info

Docket Number: ACM S32276

Filed Date: 10/1/2015

Precedential Status: Non-Precedential

Modified Date: 10/2/2015