UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before CONN, HOFFMAN, and GIFFORD Appellate Military Judges UNITED STATES, Appellee v. Specialist RODNEY A. HORNE, JR. United States Army, Appellant ARMY 20090892 Headquarters, Fort Lewis Kwasi L. Hawks, Military Judge Colonel Mitchell R. Chitwood, Staff Judge Advocate For Appellant: Major Timothy M. Thomas, JA (argued); Colonel Mark Tellitocci, JA; Lieutenant Colonel Matthew M. Miller, JA; Major Grace M. Gallagher, JA; Major Timothy M. Thomas, JA (on brief). For Appellee: Major Lisa Gumbs, JA (argued); Colonel Norman F. J. Allen, III, JA; Lieutenant Colonel Martha L. Foss, JA; Major Lisa Gumbs, JA (on brief). 6 August 2010 ----------------------------------- SUMMARY DISPOSITION ----------------------------------- Per Curiam: On 9 March 2010, this court issued a decision affirming the findings of guilty and sentence. On 15 March 2010, we reconsidered and vacated the decision affirming the findings and sentence. The parties subsequently briefed and argued the following error: WHETHER THE ACTING COMMANDER, FORT LEWIS, HAS ANY UCMJ AUTHORITY DESIGNATED BY THE SECRETARY OF THE ARMY, AND WHETHER HE HAD JURISDICTION IN APPELLANT’S CASE. Pursuant to Article 22, UCMJ, [10 U.S.C. 822] the Secretary of the Army appointed the Commander, Fort Lewis, a general court-martial convening authority, and at all time legally relevant to appellant's case, Brigadier General (BG) Jeff W. Mathis, III was serving as the Acting Commander, Fort Lewis. The instant case was properly convened, by the convening authority who continued as the convening authority throughout the case, and there is no jurisdictional error in this case. See United States v. Smith, __ M.J. __ (Army Ct. Crim. App. 5 August 2010). On consideration of the entire record, including consideration of the issue specified by the appellant, we hold the findings of guilty and the sentence as approved by the convening authority correct in law and fact. Accordingly, those findings of guilty and the sentence are AFFIRMED. FOR THE COURT: MALCOLM H. SQUIRES, JR. Clerk of Court