United States v. Mayes

UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS
UNITED STATES
v.
Senior Airman CODY A. MAYES
United States Air Force
ACM S32276
1 October 2015
Sentence adjudged 6 November 2014 by SPCM convened at Little Rock Air
Force Base, Arkansas. Military Judge: Joshua E. Kastenberg (sitting
alone).
Approved Sentence: Bad-conduct discharge, confinement for 9 months,
forfeiture of $1,000.00 pay per month for 9 months, reduction to E-1, and a
reprimand.
Appellate Counsel for the Appellant: Captain Lauren A. Shure.
Appellate Counsel for the United States: Gerald R. Bruce, Esquire.
Before
HECKER, DUBRISKE, and BROWN
Appellate Military Judges
This opinion is issued as an unpublished opinion and, as such, does not serve as precedent
under AFCCA Rule of Practice and Procedure 18.4.
PER CURIAM:
The approved findings and sentence are correct in law and fact, and no error
materially prejudicial to the substantial rights of Appellant occurred. Article 66(c),
UCMJ, 10 U.S.C. § 866(c); United States v. Reed, 54 M.J. 37, 41 (C.A.A.F. 2000).

We note the initial court-martial order (CMO), dated 5 December 2014, should have reflected Appellant’s not
guilty pleas to Specifications 2, 6, 7, 9 and 11 of the Charge, as well as his plea and the military judge’s findings by
exceptions for Specification 5. See Air Force Instruction 51-201, Administration of Military Justice, ¶ 10.8.2.2.1.
We therefore direct a corrected CMO.
Accordingly, the approved findings and sentence are AFFIRMED.
FOR THE COURT
STEVEN LUCAS
Clerk of the Court
2 ACM S32276