United States v. Singh ( 2022 )


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  •               U NITED S TATES AIR F ORCE
    C OURT OF C RIMINAL APPEALS
    ________________________
    No. ACM S32678
    ________________________
    UNITED STATES
    Appellee
    v.
    Joshua A. SINGH
    Airman First Class (E-3), U.S. Air Force, Appellant
    ________________________
    Appeal from the United States Air Force Trial Judiciary
    Decided 25 January 2022
    ________________________
    Military Judge: James R. Dorman.
    Sentence: Sentence adjudged on 15 October 2020 by SpCM convened at
    Joint Base Pearl Harbor-Hickam, Hawaii. Sentence entered by military
    judge on 8 November 2020: Bad-conduct discharge, confinement for 45
    days, and reduction to E-1.
    For Appellant: Major Amanda E. Dermady, USAF; Major Kasey W. Haw-
    kins, USAF; Major Sara J. Hickmon, USAF.
    For Appellee: Mary Ellen Payne, Esquire.
    Before LEWIS, ANNEXSTAD, and MEGINLEY, Appellate Military
    Judges.
    ________________________
    This is an unpublished opinion and, as such, does not serve as
    precedent under AFCCA Rule of Practice and Procedure 30.4.
    ________________________
    PER CURIAM:
    The findings and sentence as entered are correct in law and fact, and no
    error materially prejudicial to Appellant’s substantial rights occurred. Articles
    59(a) and 66(d), Uniform Code of Military Justice (UCMJ), 
    10 U.S.C. §§ 859
    (a),
    United States v. Singh, No. ACM S32678
    866(d) (Manual for Courts-Martial, United States (2019 ed.)). Accordingly, the
    findings and sentence are AFFIRMED.1,2
    FOR THE COURT
    CAROL K. JOYCE
    Clerk of the Court
    1 The entry of judgment (EoJ) incorrectly lists the UCMJ article that Appellant vio-
    lated. The correct statutory reference is Article 112a, UCMJ, 10 U.S.C. § 912a. The
    Chief Trial Judge, Air Force Trial Judiciary, is accordingly directed to detail a military
    judge to correct the EoJ prior to completion of the final order under Rule for Courts-
    Martial 1209(b) and Air Force Instruction 51-201, Administration of Military Justice,
    Section 14J (18 Jan. 2019).
    2 The court was unable to access the audio recordings of the proceedings. Appellant
    has not claimed error and we find none, as we were able to complete our review under
    Article 66, UCMJ, using the certified transcript. The court was also unable to access a
    videorecorded interview of Appellant by investigators that accompanied the charge
    sheet during preferral and referral, but was not admitted into evidence. According to
    Department of the Air Force Manual 51-203, Records of Trial, ¶¶ 2.2.4.2 and 2.8.1 (21
    Apr. 2021), digital and audio media files in records of trial “must be in a format playa-
    ble on the factory installed version of Windows Media® player (e.g., WMV, WMA,
    MPEG, MP3, AVI).” The files the court could not access do not appear to be in the
    required format.
    2
    

Document Info

Docket Number: S32678

Filed Date: 1/25/2022

Precedential Status: Non-Precedential

Modified Date: 5/29/2024