United States v. Seuam ( 2018 )


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  •               U NITED S TATES AIR F ORCE
    C OURT OF C RIMINAL APPEALS
    ________________________
    No. ACM S32497
    ________________________
    UNITED STATES
    Appellee
    v.
    Sengchanh P. SEUAM
    Senior Airman (E-4), U.S. Air Force, Appellant
    ________________________
    Appeal from the United States Air Force Trial Judiciary
    Decided 5 October 2018
    ________________________
    Military Judge: Mark F. Rosenow (motions); Michael D. Schag (mo-
    tions); Shelly W. Schools (arraignment and trial).
    Approved sentence: Bad-conduct discharge, confinement for 4 months,
    forfeiture of $1,066.00 pay per month for 4 months, and reduction to E-
    1. Sentence adjudged 5 October 2017 by SpCM convened at Joint Base
    Elmendorf-Richardson, Alaska.
    For Appellant: Major Meghan R. Glines-Barney, USAF.
    For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; Mary Ellen
    Payne, Esquire.
    Before JOHNSON, DENNIS, and LEWIS, 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    This is an unpublished opinion and, as such, does not serve as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:
    The approved findings and sentence are correct in law and fact, and no er-
    ror materially prejudicial to Appellant’s substantial rights occurred. Articles
    United States v. Seuam, No. ACM S32497
    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
    CAROL K. JOYCE
    Clerk of the Court
    * Although Appellant raises no specific assignment of error, we note the staff judge
    advocate recommendation erroneously advised the convening authority that the max-
    imum sentence that could be imposed by this special court-martial included, inter alia,
    a fine in addition to forfeiture of two-thirds pay per month for 12 months. See Rule for
    Courts-Martial (R.C.M.) 201(f)(2)(B)(i); R.C.M. 1003(b)(3); United States v. Books, No.
    ACM S32369, 
    2017 CCA LEXIS 226
    , at *7 (A.F. Ct. Crim. App. 
    31 Mar. 2017
     (unpub.
    op.). However, under the facts of this case we find no colorable showing of possible
    prejudice, and therefore we affirm. See United States v. Scalo, 
    60 M.J. 435
    , 436–37
    (C.A.A.F. 2005) (citation omitted).
    2
    

Document Info

Docket Number: ACM S32497

Filed Date: 10/5/2018

Precedential Status: Non-Precedential

Modified Date: 4/18/2021