              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    This is an unpublished opinion and, as such, does not serve as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




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