United States v. Mickens

U NITED S TATES AIR F ORCE
C OURT OF C RIMINAL APPEALS
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No. ACM S32396 (f rev)
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UNITED STATES
Appellee
v.
Rashaad D. MICKENS
Airman Basic (E-1), U.S. Air Force, Appellant
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Appeal from the United States Air Force Trial Judiciary
Decided 21 September 2017
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Military Judge: James R. Dorman.
Approved sentence: Bad-conduct discharge, confinement for 3 months, and a
reprimand. Sentence adjudged 2 March 2016 by SpCM convened at Offutt Air
Force Base, Nebraska.
For Appellant: Major Travis L. Vaughan, USAF.
Before DREW, JOHNSON, and MINK, 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This is an unpublished opinion and, as such, does not serve as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 because the staff judge advocate orig-
inally erred in advising the convening authority that he could not disapprove
the confinement portion of Appellant’s sentence, in whole or in part. See United
States v. Mickens, No. ACM S32396, 2017 CCA LEXIS 336 (A.F. Ct. Crim. App.
18 May 2017) (unpub. op.). Having resolved that issue, we find the approved
findings and sentence are correct in law and fact, and no error materially prej-
udicial to Appellant’s substantial rights occurred. Articles 59(a) and 66(c), Uni-
form Code of Military Justice, 10 U.S.C. §§ 859(a), 866(c).
United States v. Mickens, No. ACM S32396 (f rev)
Accordingly, the approved findings and sentence are AFFIRMED.
FOR THE COURT
KURT J. BRUBAKER
Clerk of the Court
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