U NITED S TATES AIR F ORCE
C OURT OF C RIMINAL APPEALS
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No. ACM S32454
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UNITED STATES
Appellee
v.
Donald A. DEVITO
Senior Airman (E-4), U.S. Air Force, Appellant
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Appeal from the United States Air Force Trial Judiciary
Decided 16 November 2017
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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.
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This is an unpublished opinion and, as such, does not serve as
precedent under AFCCA Rule of Practice and Procedure 18.4.
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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
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