United States v. DeVito

U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS ________________________ No. ACM S32454 ________________________ UNITED STATES Appellee v. Donald A. DEVITO Senior Airman (E-4), U.S. Air Force, Appellant ________________________ Appeal from the United States Air Force Trial Judiciary Decided 16 November 2017 ________________________ Military Judge: Marvin W. Tubbs II. Approved sentence: Bad-conduct discharge, confinement for 60 days, reduction to E-1, and forfeiture of $1,000.00 pay per month for 2 months. Sentence adjudged 24 January 2017 by SpCM convened at Vance Air Force Base, Oklahoma. For Appellant: Lieutenant Colonel Judith A. Walker, USAF; Ma- jor Jarett Merk, USAF. For Appellee: Major Mary Ellen Payne, USAF. 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 ________________________ This is an unpublished opinion and, as such, does not serve as precedent under AFCCA Rule of Practice and Procedure 18.4.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. DeVito, No. ACM S32454 Accordingly, the approved findings and sentence are AFFIRMED. FOR THE COURT KATHLEEN M. POTTER Acting Clerk of the Court 2