United States v. Gonzalez

U NITED S TATES A IR F ORCE
C OURT OF C RIMINAL APPEALS
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No. ACM 40375 (f rev)
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UNITED STATES
Appellee
v.
Oscar F. GONZALEZ
Airman First Class (E-3), U.S. Air Force, Appellant
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Appeal from the United States Air Force Trial Judiciary
Upon Further Review
Decided 11 December 2023
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Military Judge: Pilar G. Wennrich.
Sentence: Sentence adjudged on 21 July 2022 by GCM convened at Joint
Base Charleston, South Carolina. Sentence entered by military judge on
20 September 2022: Bad-conduct discharge, confinement for 6 months,
forfeiture of all pay and allowances for 6 months, and reduction to E-1.
For Appellant: Major Jenna M. Arroyo, USAF; Major Jarett F. Merk,
USAF.
For Appellee: Captain Olivia B. Hoff, USAF; Mary Ellen Payne, Esquire.
Before JOHNSON, CADOTTE, and MASON, 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This is an unpublished opinion and, as such, does not serve as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:
A military judge sitting as a general court-martial convicted Appellant, in
accordance with his pleas and pursuant to a plea agreement, of one specifica-
tion of battery upon a spouse and one specification of assault consummated by
a battery, in violation of Article 128, Uniform Code of Military Justice (UCMJ),
United States v. Gonzalez, No. ACM 40375 (f rev)
10 U.S.C. § 928 (Manual for Courts-Martial, United States, 2019 ed.). The mil-
itary judge sentenced Appellant to a bad-conduct discharge, confinement for
six months, forfeiture of all pay and allowances for six months, and reduction
to the grade of E-1. The convening authority took no action on the findings or
sentence.
Appellant’s case is before us a second time. This case was originally sub-
mitted for our review with one assignment of error concerning two missing at-
tachments to Prosecution Exhibit 1, the stipulation of fact. On 8 September
2023, this court remanded the case to the Chief Trial Judge, Air Force Trial
Judiciary, to account for the missing attachments. United States v. Gonzalez,
No. ACM 40375, 2023 CCA LEXIS 378, at *5 (A.F. Ct. Crim. App. 8 Sep. 2023)
(unpub. op.). On 29 September 2023, a detailed military judge issued a certifi-
cate of correction attaching the two missing attachments to the record of trial.
Appellant’s case was then returned to this court.
The record of trial is now complete. On 21 November 2023, Appellant again
submitted his case for our review, this time without further assignment of er-
ror.
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). Accordingly, the find-
ings and the sentence are AFFIRMED.
FOR THE COURT
CAROL K. JOYCE
Clerk of the Court
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