United States v. Jasso

UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS UNITED STATES v. Airman First Class CHRISTMA L. JASSO United States Air Force ACM 38536 08 January 2015 Sentence adjudged 6 November 2013 by GCM convened at Altus Air Force Base, Oklahoma. Military Judge: Matthew S. Ward (sitting alone). Approved Sentence: Bad-conduct discharge, confinement for 8 months, forfeiture of all pay and allowances for 8 months, and reduction to E-1. Appellate Counsel for the Appellant: Captain Jeffrey A. Davis. Appellate Counsel for the United States: Major Daniel J. Breen. Before HECKER, WEBER, and BENNETT Appellate Military Judges This opinion is subject to editorial correction before final release. PER CURIAM: The approved findings and sentence are correct in law and fact, and no error materially prejudicial to the substantial rights of the appellant occurred. Article 66(c), UCMJ, 10 U.S.C. § 866(c); United States v. Reed, 54 M.J. 37, 41 (C.A.A.F. 2000).  In the court-martial order, the language of the specification of Charge I does not match the language of the specification of Charge I in the charge sheet. Specifically, the specification of Charge I in the court-martial order lacks the following language: “enter the women’s dressing room with the said items, conceal the said items”. The appellant pleaded not guilty to this charge and specification. While we do not order new post-trial processing, we do order a corrected court-martial order that includes all the language of the specification of Charge I. Rule for Courts- Martial 1114. Accordingly, the approved findings and sentence are AFFIRMED. FOR THE COURT STEVEN LUCAS Clerk of the Court 2 ACM 38536