United States v. Swanson

U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS ________________________ No. ACM S32429 ________________________ UNITED STATES Appellee v. Gage W. SWANSON Airman First Class (E-3), U.S. Air Force, Appellant ________________________ Appeal from the United States Air Force Trial Judiciary Decided 16 October 2017 ________________________ Military Judge: Marvin W. Tubbs II. Approved sentence: Bad-conduct discharge, confinement for 90 days, and reduction to E-1. Sentence adjudged 22 July 2016 by SpCM con- vened at Goodfellow Air Force Base, Texas. For Appellant: Major Allen S. Abrams, USAF; Major Rebecca J. Otey, USAF. For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; Major Mary Ellen Payne, USAF; Major Meredith L. Steer, USAF; Gerald R. Bruce, Esquire. Before HARDING, SPERANZA, and HUYGEN, 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 ________________________ This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 18.4.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 error materially prejudicial to Appellant’s substantial rights occurred. Arti- United States v. Swanson, No. ACM S32429 cles 59(a) and 66(c), Uniform Code of Military Justice, 10 U.S.C. §§ 859(a), 866(c). Accordingly, the approved findings and sentence are AFFIRMED. FOR THE COURT KATHLEEN M. POTTER Acting Clerk of the Court 2