United States v. Stearns

U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS ________________________ No. ACM S32496 ________________________ UNITED STATES Appellee v. Erick J. STEARNS Senior Airman (E-4), U.S. Air Force, Appellant ________________________ Appeal from the United States Air Force Trial Judiciary Decided 14 August 2018 ________________________ Military Judge: Andrew Kalavanos. Approved sentence: Bad-conduct discharge, confinement for 11 months, and reduction to E-1. Sentence adjudged 16 October 2017 by SpCM con- vened at Joint Base Langley-Eustis, Virginia. For Appellant: Major Todd M. Swensen, USAF; Major Christopher C. Newton, USAF. For Appellee: Lieutenant Colonel Joseph Kubler, USAF; Mary Ellen Payne, Esquire. Before HARDING, HUYGEN, and POSCH, 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 ________________________ This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 18.4.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 59(a) and 66(c), Uniform Code of Military Justice, 10 U.S.C. §§ 859(a), 866(c). United States v. Stearns, No. ACM S32496 Accordingly, the approved findings and sentence are AFFIRMED. FOR THE COURT CAROL K. JOYCE Clerk of the Court 2