United States v. Aiken

U NITED S TATES AIR F ORCE
C OURT OF C RIMINAL APPEALS
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No. ACM 39288 (f rev)
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UNITED STATES
Appellee
v.
Philip H. AIKEN
Senior Airman (E-4), U.S. Air Force, Appellant
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Appeal from the United States Air Force Trial Judiciary
Upon further review
Decided 11 October 2018
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Military Judge: Patricia A. Gruen.
Approved sentence: Bad-conduct discharge, confinement for 13 months,
and reduction to E-1. Sentence adjudged 9 May 2017 by GCM convened
at Andersen Air Force Base, Guam.
For Appellant: Major Todd M. Swensen, USAF.
For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; Captain Mi-
chael T. Bunnell, USAF; Mary Ellen Payne, Esquire.
Before HARDING, HUYGEN, and POSCH, 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This is an unpublished opinion and, as such, does not serve as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:
We have this case for further review after returning the record of trial to
The Judge Advocate General for remand to the convening authority for new
post-trial processing and action. United States v. Aiken, No. ACM 39288, 2018
CCA LEXIS 366 (A.F. Ct. Crim. App. 20 Jul. 2018) (unpub. op.). New post-trial
processing and convening authority action have been accomplished.
United States v. Aiken, No. ACM 39288 (f rev)
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
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