United States v. Muller

U NITED S TATES AIR F ORCE
C OURT OF C RIMINAL APPEALS
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No. ACM 39323
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UNITED STATES
Appellee
v.
Jordan R. MULLER
Airman First Class (E-3), U.S. Air Force, Appellant
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Appeal from the United States Air Force Trial Judiciary
Decided 21 December 2018
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Military Judge: Andrew Kalavanos.
Approved sentence: Bad conduct discharge, confinement for 9 months,
and reduction to E-1. Sentence adjudged 2 June 2017 by GCM convened
at Vandenberg Air Force Base, California.
For Appellant: Major Allen S. Abrams, USAF; Major Mark C. Bruegger,
USAF.
For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; Captain Pe-
ter F. Kellett, USAF; Mary Ellen Payne, Esquire.
Before HUYGEN, MINK, 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This is an unpublished opinion and, as such, does not serve as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:
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).
United States v. Muller, No. ACM 39323
Accordingly, the approved findings and sentence are AFFIRMED. *
FOR THE COURT
JULIE L. ADAMS
Deputy Clerk of the Court
* We note that the convening authority’s memorandum dated 20 June 2017, denying
Appellant’s request for deferment of the reduction in rank and the automatic forfeiture
of pay, failed to articulate the reasons for the denial as required by Rule for Courts-
Martial 1101(c)(3). See United States v. Jalos, No. ACM 39138, 2017 CCA LEXIS 607,
at *5–6 (A.F. Ct. Crim. App. 5 Sep. 2017) (unpub. op.) (citations omitted). However, our
review of the record of trial reveals no colorable showing of possible prejudice as a
result of the convening authority’s error, see id. at *6–7, and we conclude that no relief
is warranted.
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