United States v. King

U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS ________________________ No. ACM 39055 ________________________ UNITED STATES Appellee v. Jeremiah L. KING Airman First Class (E-3), U.S. Air Force, Appellant ________________________ Appeal from the United States Air Force Trial Judiciary Decided 26 July 2017 ________________________ Military Judge: L. Martin Powell. Approved sentence: Dishonorable discharge, confinement for 9 months, and re- duction to E-1. Sentence adjudged 2 March 2016 by GCM convened at Eielson Air Force Base, Alaska. For Appellant: Major Lauren A. Shure, USAF; Captain Patricia Encarnación Miranda, USAF. For Appellee: Major Mary Ellen Payne, USAF; Gerald R. Bruce, Esquire. Before MAYBERRY, HARDING, and BROWN, Appellate Military Judges. ________________________ This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 18.4. ________________________ PER CURIAM: The approved findings and sentence are correct in law and fact, and no er- ror materially prejudicial to Appellant’s substantial rights occurred. Articles United States v. King, No. ACM 39055 59(a) and 66(c), UCMJ, 10 U.S.C. §§ 859(a), 866(c). Accordingly, the approved findings and sentence are AFFIRMED. ∗ FOR THE COURT KURT J. BRUBAKER Clerk of the Court ∗ We note the Court-Martial Order (CMO) misstates the result of trial in two respects. First, the CMO incorrectly reflects Specifications 2 and 4 of Charge III as “withdrawn and dismissed.” Those specifications were not withdrawn. Instead the military judge dismissed them pursuant to a Defense motion. Second, the CMO provides that Appel- lant was found guilty of Specification 3 of Charge III “except the words 01889855.jpg and 01218614.jpg” when in fact the finding was “except the figures 01889855.jpg and 01218614.jpg; of the excepted figures, not guilty.” (Emphasis added). We find no prej- udice, but to ensure the accuracy of court-martial records, we order promulgation of a corrected CMO. 2