United States v. Tompkins

U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS ________________________ No. ACM S32475 ________________________ UNITED STATES Appellee v. Mallory E. TOMPKINS Airman First Class (E-3), U.S. Air Force, Appellant ________________________ Appeal from the United States Air Force Trial Judiciary Decided 28 March 2018 ________________________ Military Judge: Ryan A. Hendricks. Approved sentence: Bad-conduct discharge, confinement for 2 months, forfeiture of $500.00 pay per month for 2 months, and reduction to E- 1. Sentence adjudged 18 May 2017 by SpCM convened at MacDill Air Force Base, Florida. For Appellant: Major Patrick A. Clary, USAF. For Appellee: Lieutenant Colonel Joseph 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 ________________________ This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 18.4.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 error materially prejudicial to Appellant’s substantial rights occurred. Arti- cles 59(a) and 66(c), Uniform Code of Military Justice, 10 U.S.C. §§ 859(a), 866(c). United States v. Tompkins, No. ACM S32475 Accordingly, the approved findings and sentence are AFFIRMED. FOR THE COURT CAROL K. JOYCE Clerk of the Court 2