United States v. Hernandez

U NITED S TATES A IR F ORCE C OURT OF C RIMINAL APPEALS ________________________ No. ACM 40253 ________________________ UNITED STATES Appellee v. Kevin E. HERNANDEZ Airman (E-2), U.S. Air Force, Appellant ________________________ Appeal from the United States Air Force Trial Judiciary Decided 28 February 2023 ________________________ Military Judge: Christina M. Jimenez. Sentence: Sentence adjudged 9 November 2021 by GCM convened at Hill Air Force Base, Utah. Sentence entered by military judge on 9 December 2021: Bad-conduct discharge, confinement for 3 months, and reduction to E-1. For Appellant: Major Theresa L. Hilton, USAF. Before KEY, ANNEXSTAD, and GRUEN, Appellate Military Judges. ________________________ This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 30.4. ________________________ PER CURIAM: The findings and sentence as entered are correct in law and fact, and no error materially prejudicial to the substantial rights of Appellant occurred. Ar- ticles 59(a) and 66(d), UCMJ, 10 U.S.C. §§ 859(a), 866(d). Manual for Courts- Martial, United States (2019 ed.). United States v. Hernandez, No. ACM 40253 Accordingly, the findings and sentence are AFFIRMED. FOR THE COURT CAROL K. JOYCE Clerk of the Court 2