United States v. Strickland ( 2019 )


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  •               U NITED S TATES AIR F ORCE
    C OURT OF C RIMINAL APPEALS
    ________________________
    No. ACM S32527
    ________________________
    UNITED STATES
    Appellee
    v.
    Chase M. STRICKLAND
    Senior Airman (E-4), U.S. Air Force, Appellant
    ________________________
    Appeal from the United States Air Force Trial Judiciary
    Decided 28 January 2019
    ________________________
    Military Judge: Mark W. Milam.
    Approved sentence: Bad-conduct discharge, confinement for 4 days, and
    reduction to E-1. Sentence adjudged 13 March 2018 by SpCM convened
    at Ramstein Air Base, Germany.
    For Appellant: Major Dustin J. Weisman, USAF.
    For Appellee: Lieutenant Colonel Joseph J. Kubler, 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    This is an unpublished opinion and, as such, does not serve as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. Strickland, No. ACM S32527
    Accordingly, the approved findings and sentence are AFFIRMED.1,2
    FOR THE COURT
    CAROL K. JOYCE
    Clerk of the Court
    1In the court-martial order, Appellant’s last name is misspelled. We direct a corrected
    court-martial order.
    2On a form dated 13 March 2018, Appellant checked a box indicating “I do not request
    appellate defense counsel to represent me” and signed the form. The record contains
    no other document indicating Appellant later changed his election or intended to waive
    or withdraw from appellate review of his case. After Appellant’s case was docketed on
    14 June 2018, appellate defense counsel filed four motions for enlargement of time,
    which the Government opposed and the court granted. Purportedly on Appellant’s be-
    half, the same counsel submitted the case on its merits with no specific assignment of
    error on 6 December 2018. The apparent disregard for Appellant’s election not to be
    represented by counsel on appeal raises questions, but we need not answer them here.
    Whether represented by counsel or proceeding pro se, Appellant would have had his
    case reviewed by the court pursuant to Article 66, UCMJ, and we have conducted such
    a review.
    2
    

Document Info

Docket Number: ACM S32527

Filed Date: 1/28/2019

Precedential Status: Non-Precedential

Modified Date: 1/29/2019