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  • United States v. Baring, A.F.C.C.A. (2015)

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    The United States Air Force Court of Criminal Appeals affirmed the findings and sentence of Airman Basic Stevie R. Baring, who was sentenced at a special court-martial to 12 months confinement, forfeiture of $1010 pay per month for 12 months, and a reprimand. The court found the approved findings and sentence to be correct in law and fact, with no materially prejudicial errors. However, the court noted that the court-martial order incorrectly identified the military judge and ordered that a corrected order be promulgated with the correct name of Matthew P. Stoffel as the presiding judge.

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    Filed: 2015-02-11 Precedential Status: Precedential Docket: ACM S32230

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    The United States Air Force Court of Criminal Appeals affirmed the findings and sentence of Airman Basic Stevie R. Baring, who was sentenced at a special court-martial to 12 months confinement, forfeiture of $1010 pay per month for 12 months, and a reprimand. The court found the approved findings and sentence to be correct in law and fact, with no materially prejudicial errors. However, the court noted that the court-martial order incorrectly identified the military judge and ordered that a corrected order be promulgated with the correct name of Matthew P. Stoffel as the presiding judge.

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    Public Domain
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    4 views2 pages

    United States v. Baring, A.F.C.C.A. (2015)

    Uploaded by

    Scribd Government Docs
    The United States Air Force Court of Criminal Appeals affirmed the findings and sentence of Airman Basic Stevie R. Baring, who was sentenced at a special court-martial to 12 months confinement, forfeiture of $1010 pay per month for 12 months, and a reprimand. The court found the approved findings and sentence to be correct in law and fact, with no materially prejudicial errors. However, the court noted that the court-martial order incorrectly identified the military judge and ordered that a corrected order be promulgated with the correct name of Matthew P. Stoffel as the presiding judge.

    Copyright:

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    UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS

    UNITED STATES
    v.
    Airman Basic STEVIE R. BARING
    United States Air Force
    ACM S32230
    11 February 2015
    Sentence adjudged 29 August 2013 by SPCM convened at Joint Base
    Charleston, South Carolina. Military Judge: Matthew P. Stoffel.
    Approved Sentence: Confinement for 12 months, forfeiture of $1010 pay
    per month for 12 months, and a reprimand.
    Appellate Counsel for the Appellant: Captain Travis L. Vaughan.
    Appellate Counsel for the United States: Daniel J. Breen and Gerald R.
    Bruce, Esquire.
    Before
    ALLRED, HECKER, and TELLER
    Appellate Military Judges
    This opinion is issued as 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 the substantial rights of the appellant occurred.* Article 66(c),
    UCMJ, 10 U.S.C. 866(c); United States v. Reed, 54 M.J. 37, 41 (C.A.A.F. 2000).

    The court notes that the court-martial order (CMO) dated 5 February 2014 incorrectly identifies the Military Judge
    as Shaun S. Speranza, whereas the Military Judge was Matthew P. Stoffel. The court orders the promulgation of a
    corrected CMO.

    Accordingly, the approved findings and sentence are AFFIRMED.

    FOR THE COURT

    STEVEN LUCAS
    Clerk of the Court

    ACM S32230

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