United States v. Moore ( 2017 )


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  •               U NITED S TATES AIR F ORCE
    C OURT OF C RIMINAL APPEALS
    ________________________
    No. ACM 39105 (f rev)
    ________________________
    UNITED STATES
    Appellee
    v.
    Derek R. MOORE
    Senior Airman (E-4), U.S. Air Force, Appellant
    ________________________
    Upon further review
    Decided 20 December 2017
    ________________________
    Military Judge: Natalie D. Richardson.
    Approved sentence: Dishonorable discharge, confinement for 25 years, forfei-
    ture of all pay and allowances, and reduction to E-1. Sentence adjudged
    2 March 2016 by GCM convened at Luke Air Force Base, Arizona.
    For Appellant: Major Mark C. Bruegger, USAF.
    For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; Major Mary Ellen
    Payne, USAF; Major Meredith L. Steer, USAF; Captain Michael T. Bunnell,
    USAF; Gerald R. Bruce, Esquire.
    Before MAYBERRY, SPERANZA, and DENNIS, 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    This is an unpublished opinion and, as such, does not serve as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.
    ________________________
    PER CURIAM:
    In United States v. Moore, No. ACM 39105, 
    2017 CCA LEXIS 641
     (A.F. Ct.
    Crim. App. 29 Sep 2017) (unpub. op.), this court set aside the action and re-
    turned the record of trial to The Judge Advocate General of the Air Force for
    remand to an appropriate convening authority for new post-trial processing
    United States v. Moore, No. ACM 39105 (f rev)
    consistent with our opinion. 
    Id.
     On 15 November 2017, the convening authority
    complied with our decision.
    Upon further review, 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 Justice, 
    10 U.S.C. §§ 859
    (a), 866(c). Accordingly, the approved findings and sentence are
    AFFIRMED.
    FOR THE COURT
    KATHLEEN M. POTTER
    Acting Clerk of the Court
    2
    

Document Info

Docket Number: ACM 39105 (f rev)

Filed Date: 12/20/2017

Precedential Status: Non-Precedential

Modified Date: 4/17/2021