United States v. King

U NITED S TATES AIR F ORCE
C OURT OF C RIMINAL APPEALS
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No. ACM 39055
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UNITED STATES
Appellee
v.
Jeremiah L. KING
Airman First Class (E-3), U.S. Air Force, Appellant
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Appeal from the United States Air Force Trial Judiciary
Decided 26 July 2017
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Military Judge: L. Martin Powell.
Approved sentence: Dishonorable discharge, confinement for 9 months, and re-
duction to E-1. Sentence adjudged 2 March 2016 by GCM convened at Eielson
Air Force Base, Alaska.
For Appellant: Major Lauren A. Shure, USAF; Captain Patricia Encarnación
Miranda, USAF.
For Appellee: Major Mary Ellen Payne, USAF; Gerald R. Bruce, Esquire.
Before MAYBERRY, HARDING, and BROWN, 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This is an unpublished opinion and, as such, does not serve as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 er-
ror materially prejudicial to Appellant’s substantial rights occurred. Articles
United States v. King, No. ACM 39055
59(a) and 66(c), UCMJ, 10 U.S.C. §§ 859(a), 866(c). Accordingly, the approved
findings and sentence are AFFIRMED. ∗
FOR THE COURT
KURT J. BRUBAKER
Clerk of the Court
∗
We note the Court-Martial Order (CMO) misstates the result of trial in two respects.
First, the CMO incorrectly reflects Specifications 2 and 4 of Charge III as “withdrawn
and dismissed.” Those specifications were not withdrawn. Instead the military judge
dismissed them pursuant to a Defense motion. Second, the CMO provides that Appel-
lant was found guilty of Specification 3 of Charge III “except the words 01889855.jpg
and 01218614.jpg” when in fact the finding was “except the figures 01889855.jpg and
01218614.jpg; of the excepted figures, not guilty.” (Emphasis added). We find no prej-
udice, but to ensure the accuracy of court-martial records, we order promulgation of a
corrected CMO.
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