United States v. Brown ( 2022 )


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  •               U NITED S TATES AIR F ORCE
    C OURT OF C RIMINAL APPEALS
    ________________________
    No. ACM 39854 (f rev)
    ________________________
    UNITED STATES
    Appellee
    v.
    Cody M. BROWN
    Senior Airman (E-4), U.S. Air Force, Appellant
    ________________________
    Appeal from the United States Air Force Trial Judiciary
    Upon Further Review
    Decided 29 August 2022
    ________________________
    Military Judge: Colin P. Eichenberger; Charles G. Warren (post-trial).
    Sentence: Sentence adjudged on 3 December 2019 by GCM convened at
    Joint Base Lewis-McChord, Washington. Sentence entered by military
    judge on 23 January 2020 and re-entered on 29 January 2020 and again
    on 21 September 2021: Dishonorable discharge, confinement for 6
    months, forfeiture of all pay and allowances, and reduction to E-1.
    For Appellant: Major Benjamin H. DeYoung, USAF; Major Eshawn R.
    Rawlley, USAF.
    For Appellee: Major John P. Patera, USAF; Mary Ellen Payne, Esquire.
    Before JOHNSON, KEY, and ANNEXSTAD, 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    This is an unpublished opinion and, as such, does not serve as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:
    Appellant’s case is before this court a second time. Our court previously
    remanded this case to the Chief Trial Judge, Air Force Trial Judiciary, to re-
    United States v. Brown, No. ACM 39854 (f rev)
    solve Appellant’s sole assignment of error, a substantial issue with the conven-
    ing authority’s decision memorandum, as the action taken on Appellant’s ad-
    judged sentence was ambiguous and incomplete. The convening authority sub-
    sequently approved Appellant’s sentence, resulting in a new entry of judgment
    and correcting the error Appellant raised.
    The findings and sentence as entered are correct in law and fact, and no
    error materially prejudicial to the substantial rights of Appellant occurred. Ar-
    ticles 59(a) and 66(d), UCMJ, 
    10 U.S.C. §§ 859
    (a), 866(d), Manual for Courts-
    Martial, United States (2019 ed.). Accordingly, the findings and sentence are
    AFFIRMED.*
    FOR THE COURT
    CAROL K. JOYCE
    Clerk of the Court
    * We note that in addition to a correct, unredacted “Second Corrected Copy” of the entry
    of judgment dated 21 September 2021, the record also contains a partially redacted
    “Second Corrected Copy” with the same date. However, this partially redacted version
    fails to redact the victim’s name at certain points in the Specification, and also employs
    incorrect initials in place of the victim’s name at other points. We find these errors in
    the partially redacted version do not impair our ability to review and affirm the find-
    ings and sentence.
    2
    

Document Info

Docket Number: 39854 (f rev)

Filed Date: 8/29/2022

Precedential Status: Non-Precedential

Modified Date: 5/29/2024