United States v. Hernandez-Hernandez

U NITED S TATES A IR F ORCE
C OURT OF C RIMINAL APPEALS
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No. ACM 40353
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UNITED STATES
Appellee
v.
VictorHugo HERNANDEZ-HERNANDEZ
Airman Basic (E-1), U.S. Air Force, Appellant
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Appeal from the United States Air Force Trial Judiciary
Decided 16 August 2023
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Military Judge: Brett A. Landry.
Sentence: Sentence adjudged 7 June 2022 by GCM convened at Creech
Air Force Base, Nevada. Sentence entered by military judge on 7 July
2022: Bad-conduct discharge, confinement for 6 months, and total for-
feiture of pay and allowances.
For Appellant: Major David L. Bosner, USAF; Major Alexandra K.
Fleszar, USAF; Major Jarett Merk, USAF.
For Appellee: Lieutenant Colonel Thomas J. Alford, USAF; Captain
Olivia B. Hoff, USAF; Mary Ellen Payne, Esquire.
Before ANNEXSTAD, GRUEN, and KEARLEY, 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This is an unpublished opinion and, as such, does not serve as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 30.4.
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PER CURIAM:
The findings and sentence as entered are correct in law and fact, and no
error materially prejudicial to the substantial rights of Appellant occurred. Ar-
ticles 59(a) and 66(d), UCMJ, 10 U.S.C. §§ 859(a), 866(d). Manual for Courts-
United States v. Hernandez-Hernandez, No. ACM 40353
Martial, United States (2019 ed.). Accordingly, the findings and sentence are
AFFIRMED.*
FOR THE COURT
CAROL K. JOYCE
Clerk of the Court
* The court notes that there are three pages in the Post-Sentencing section of Appel-
lant’s record of trial that are from the record of trial of another Airman, and should be
properly removed.
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