United States v. Zywusko

U NITED S TATES AIR F ORCE
C OURT OF C RIMINAL APPEALS
________________________
No. ACM S32481
________________________
UNITED STATES
Appellee
v.
Zachary P. ZYWUSKO
Staff Sergeant (E-5), U.S. Air Force, Appellant
________________________
Appeal from the United States Air Force Trial Judiciary
Decided 26 September 2018
________________________
Military Judge: J. Wesley Moore.
Approved sentence: Bad-conduct discharge, confinement for 6 months,
and reduction to E-1. Sentence adjudged 23 June 2017 by SpCM con-
vened at Joint Base Andrews, Maryland.
For Appellant: Major Patrick A. Clary, USAF.
For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; Mary Ellen
Payne, Esquire.
Before JOHNSON, DENNIS, and LEWIS, Appellate Military Judges.
________________________
This is an unpublished opinion and, as such, does not serve as
precedent under AFCCA Rule of Practice and Procedure 18.4.
________________________
PER CURIAM:
United States v. Zywusko, No. ACM S32481
The approved findings and sentence are correct in law and fact, and no er-
ror materially prejudicial to Appellant’s substantial rights occurred. * Articles
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
* The staff judge advocate’s recommendation to the convening authority erroneously
stated the maximum imposable punishment included, inter alia, forfeiture of two-
thirds of Appellant’s pay per month for 12 months and a fine. See Rules for Courts-
Martial 201(f)(2)(B)(i), 1003(b)(3); United States v. Books, No. ACM S32369, 2017 CCA
LEXIS 226, at *7 (A.F. Ct. Crim. App. 31 A.K. Marsh. 2017) (unpub. op.). Appellant has not
asserted and we do not find any colorable showing of possible prejudice from the error
under the facts of this case. See United States v. Kho, 54 M.J. 63, 65 (C.A.A.F. 2000).
2