United States v. Romero-Alegria ( 2022 )


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  •                U NITED S TATES A IR F ORCE
    C OURT OF C RIMINAL APPEALS
    UNITED STATES                                 )        No. ACM 40199
    Appellee                            )
    )
    v.                           )
    )        ORDER
    Kevin R. ROMERO-ALEGRIA                       )
    Senior Airman (E-4)                           )
    U.S. Air Force                                )
    Appellant                        )        Panel 1
    On 23 June 2021, Appellant was tried by a general court-martial at Tinker
    Air Force Base, Oklahoma. He was convicted, consistent with his pleas and
    pursuant to a plea agreement, of two specifications of sexually abusing a child,
    and one specification of wrongfully possessing child pornography in violation
    of Article 120b and Article 134, Uniform Code of Military Justice (UCMJ), 10
    U.S.C. §§ 920b, 934, respectively.*
    Upon this court’s initial review of Appellant’s record of trial, it was discov-
    ered the record did not contain Attachment 8 of Appellate Exhibit VI, and that
    it appeared the description of Attachment 8 of Appellate Exhibit VI was the
    same as the description of Attachment 6 of Appellate Exhibit V. The court sep-
    arately noted that the description of Attachment 4 of Prosecution Exhibit 1
    was inconsistent with the contents of Attachment 4 of Prosecution Exhibit 1.
    Therefore, on 1 September 2022, this court ordered the Government to show
    good cause as to “why this court should not remand this record for completion
    and correction” to determine if the omission from the record of trial of Attach-
    ment 8 of Appellate Exhibit VI and the inconsistency with the description of
    Attachment 4 of Prosecution 1 and its contents, are substantial.
    On 16 September 2022, the Government responded to the court’s order rec-
    ommending that the court “remand the record for correction.”
    Accordingly, it is by the court on this 22d day of September, 2022,
    ORDERED:
    * All references in this order to the UCMJ and Rules for Courts-Martial are to the
    Manual for Courts-Martial, United States (2019 ed.).
    United States v. Romero-Alegria, No. ACM 40199
    The record of trial in Appellant’s case is returned to the Chief Trial Judge,
    Air Force Trial Judiciary, for correction under Rule for Courts-Martial (R.C.M.)
    1112(d) to correct the record with respect to Attachment 8 of Appellate Exhibit
    VI, Attachment 4 of Prosecution Exhibit 1, and any other portion of the record
    that is determined to be missing or defective hereafter, after consultation with
    the parties. See Article 66(g), UCMJ, 
    10 U.S.C. § 866
    (g); R.C.M. 1112(d)(2)–(3).
    Thereafter, the record of trial will be returned to this court not later than
    14 October 2022 for completion of its appellate review under Article 66(d),
    UCMJ, 
    10 U.S.C. § 866
    (d). If the record cannot be returned to the court by that
    date, the Government will inform the court in writing not later than 12 Octo-
    ber 2022 of the status of the Government’s compliance with this order.
    FOR THE COURT
    CAROL K. JOYCE
    Clerk of the Court
    2
    

Document Info

Docket Number: 40199

Filed Date: 9/22/2022

Precedential Status: Non-Precedential

Modified Date: 5/29/2024