United States v. Wilson

U NITED S TATES AIR F ORCE
C OURT OF C RIMINAL APPEALS
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No. ACM S32664
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UNITED STATES
Appellee
v.
Kevien D. WILSON
Airman First Class (E-3), U.S. Air Force, Appellant
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Appeal from the United States Air Force Trial Judiciary
Decided 17 December 2021
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Military Judge: Jennifer E. Powell (trial), Andrew R. Norton (post-
trial).
Sentence: Sentence adjudged on 8 July 2020 by SpCM convened at Da-
vis-Monthan Air Force Base, Arizona. Sentence entered by military
judge on 26 August 2020: Bad-conduct discharge, confinement for 120
days, restriction for 60 days, and a reprimand.
For Appellant: Captain David L. Bosner, USAF.
For Appellee: Lieutenant Colonel Matthew J. Neil, USAF; Major Alex B.
Coberly, USAF; Mary Ellen Payne, Esquire.
Before POSCH, RICHARDSON, and CADOTTE, 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This is an unpublished opinion and, as such, does not serve as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:
In accordance with his pleas and pursuant to a plea agreement, Appellant
was convicted of one specification each of wrongfully using fentanyl, cocaine,
and marijuana, all on divers occasions and in violation of Article 112a, UCMJ,
United States v. Wilson, No. ACM S32664
10 U.S.C. § 912a.1 A special court-martial composed of a military judge alone
sentenced Appellant to a bad-conduct discharge, confinement for 120 days,2
restriction to Davis-Monthan Air Force Base for 60 days, and a reprimand. The
plea agreement with Appellant required the military judge to adjudge no more
than five months’ confinement for each specification, with periods of confine-
ment running concurrently. The convening authority took no action on the sen-
tence, but did provide the language of the reprimand.
This case was submitted for our review with a single assignment of error,
asserting the Government failed to serve the record of trial on Appellant. We
granted the Government’s motion to attach a declaration and two receipts.3 In
its answer to Appellant’s brief to this court, the Government asserted those
documents demonstrate that Appellant was served the record of trial on
16 September 2020, and trial defense counsel received his copy two days later.
Appellant did not reply to the Government’s brief. We agree with the Govern-
ment; Appellant’s assignment of error is without merit.
The findings and the sentence entered are correct in law and fact, and no
error prejudicial to the substantial rights of the Appellant occurred. Articles
59(a) and 66(d), UCMJ, 10 U.S.C. §§ 859(a), 866(d). Accordingly, the findings
and the sentence are AFFIRMED.
FOR THE COURT
CAROL K. JOYCE
Clerk of the Court
1 All references to the UCMJ are to the Manual for Courts-Martial, United States (2019
ed.).
2 Specifically, the military judge adjudged 90 days for fentanyl use, 120 days for cocaine
use, and 30 days for marijuana use, with concurrent terms of confinement.
3 We consider these documents necessary to resolve an issue raised in the record of
trial, which contained blank forms for Appellant and trial defense counsel to indicate
receipt of the record of trial. See United States v. Jessie, 79 M.J. 437, 442–43 (C.A.A.F.
2020).
2