United States v. Muller ( 2018 )


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  •               U NITED S TATES AIR F ORCE
    C OURT OF C RIMINAL APPEALS
    ________________________
    No. ACM 39323
    ________________________
    UNITED STATES
    Appellee
    v.
    Jordan R. MULLER
    Airman First Class (E-3), U.S. Air Force, Appellant
    ________________________
    Appeal from the United States Air Force Trial Judiciary
    Decided 21 December 2018
    ________________________
    Military Judge: Andrew Kalavanos.
    Approved sentence: Bad conduct discharge, confinement for 9 months,
    and reduction to E-1. Sentence adjudged 2 June 2017 by GCM convened
    at Vandenberg Air Force Base, California.
    For Appellant: Major Allen S. Abrams, USAF; Major Mark C. Bruegger,
    USAF.
    For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; Captain Pe-
    ter F. Kellett, USAF; Mary Ellen Payne, Esquire.
    Before HUYGEN, MINK, 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    This is an unpublished opinion and, as such, does not serve as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. Muller, No. ACM 39323
    Accordingly, the approved findings and sentence are AFFIRMED. *
    FOR THE COURT
    JULIE L. ADAMS
    Deputy Clerk of the Court
    * We note that the convening authority’s memorandum dated 20 June 2017, denying
    Appellant’s request for deferment of the reduction in rank and the automatic forfeiture
    of pay, failed to articulate the reasons for the denial as required by Rule for Courts-
    Martial 1101(c)(3). See United States v. Jalos, No. ACM 39138, 2017 CCA LEXIS 607,
    at *5–6 (A.F. Ct. Crim. App. 5 Sep. 2017) (unpub. op.) (citations omitted). However, our
    review of the record of trial reveals no colorable showing of possible prejudice as a
    result of the convening authority’s error, see 
    id. at *6–7,
    and we conclude that no relief
    is warranted.
    2
    

Document Info

Docket Number: ACM 39323

Filed Date: 12/21/2018

Precedential Status: Non-Precedential

Modified Date: 12/21/2018