United States v. Kite

U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS ________________________ No. ACM S32450 ________________________ UNITED STATES Appellee v. Ryan E. KITE Airman First Class (E-3), U.S. Air Force, Appellant ________________________ Appeal from the United States Air Force Trial Judiciary Decided 21 February 2018 ________________________ Military Judge: John C. Degnan. Approved sentence: Bad-conduct discharge, confinement for 10 months, reduction to E-1, and a reprimand. Sentence adjudged 26 October 2016 by SpCM convened at Whiteman Air Force Base, Missouri. For Appellant: Major Patrick A. Clary, USAF. For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; Mary Ellen Payne, 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 ________________________ This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 18.4.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 er- ror materially prejudicial to Appellant’s substantial rights occurred. Articles United States v. Kite, No. ACM S32450 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 JULIE L. ADAMS Acting Clerk of the Court * Prior to arraignment, a minor change was made to the Specification of Charge III. “Missouri” was deleted and replaced with “Illinois.” The court-martial order (CMO) and report of result of trial, however, do not reflect the change. We order promulgation of a corrected CMO to accurately reflect the Specification of Charge III. 2