United States v. Owens

U NITED S TATES AIR F ORCE
C OURT OF C RIMINAL APPEALS
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No. ACM S32458
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UNITED STATES
Appellee
v.
Keidrick B. OWENS
Airman First Class (E-3), U.S. Air Force, Appellant
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Appeal from the United States Air Force Trial Judiciary
Decided 16 May 2018
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Military Judge: Joseph S. Imburgia.
Approved sentence: Bad-conduct discharge, confinement for 4 months,
reduction to E-1, and a reprimand. Sentence adjudged 25 January
2017 by SpCM convened at Luke Air Force Base, Arizona.
For Appellant: Major Jarett F. Merk, USAF.
For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; Mary Ellen
Payne, Esquire.
Before JOHNSON, MINK, and DENNIS, Appellate Military Judges.
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This is an unpublished opinion and, as such, does not serve as
precedent under AFCCA Rule of Practice and Procedure 18.4.
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PER CURIAM:
The approved findings and sentence are correct in law and fact, and no
error materially prejudicial to Appellant’s substantial rights occurred. Arti-
United States v. Owens, No. ACM S32458
cles 59(a) and 66(c), Uniform Code of Military Justice, 10 U.S.C. §§ 859(a),
866(c). Accordingly, the approved findings and sentence are AFFIRMED. *
FOR THE COURT
CAROL K. JOYCE
Clerk of the Court
* We note that the court-martial order (CMO) of 13 March 2017 contains two errors.
First, Specification 3 is missing the language “unlawfully grab [DS’s] neck with his
hand and.” Second, the CMO indicates that Appellant was found not guilty of Charge
II when in fact Charge II was withdrawn and dismissed with prejudice in accordance
with the terms of the pretrial agreement. We find no prejudice, but order the promul-
gation of a corrected CMO.
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