United States v. Mickens ( 2017 )


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  •                U NITED S TATES AIR F ORCE
    C OURT OF C RIMINAL APPEALS
    ________________________
    No. ACM S32396 (f rev)
    ________________________
    UNITED STATES
    Appellee
    v.
    Rashaad D. MICKENS
    Airman Basic (E-1), U.S. Air Force, Appellant
    ________________________
    Appeal from the United States Air Force Trial Judiciary
    Decided 21 September 2017
    ________________________
    Military Judge: James R. Dorman.
    Approved sentence: Bad-conduct discharge, confinement for 3 months, and a
    reprimand. Sentence adjudged 2 March 2016 by SpCM convened at Offutt Air
    Force Base, Nebraska.
    For Appellant: Major Travis L. Vaughan, USAF.
    Before DREW, JOHNSON, and MINK, 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    This is an unpublished opinion and, as such, does not serve as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:
    We have this case for further review because the staff judge advocate orig-
    inally erred in advising the convening authority that he could not disapprove
    the confinement portion of Appellant’s sentence, in whole or in part. See United
    States v. Mickens, No. ACM S32396, 2017 CCA LEXIS 336 (A.F. Ct. Crim. App.
    18 May 2017) (unpub. op.). Having resolved that issue, we find the approved
    findings and sentence are correct in law and fact, and no error materially prej-
    udicial to Appellant’s substantial rights occurred. Articles 59(a) and 66(c), Uni-
    form Code of Military Justice, 10 U.S.C. §§ 859(a), 866(c).
    United States v. Mickens, No. ACM S32396 (f rev)
    Accordingly, the approved findings and sentence are AFFIRMED.
    FOR THE COURT
    KURT J. BRUBAKER
    Clerk of the Court
    2
    

Document Info

Docket Number: ACM S32396 (f rev)

Filed Date: 9/21/2017

Precedential Status: Non-Precedential

Modified Date: 4/18/2021