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v.
Candice N. CIMBALL SHARPTON, Senior Airman
U.S. Air Force, Appellant
No. 14-0158
Crim. App. No. 38027
United States Court of Appeals for the Armed Forces
Argued April 29, 2014
Decided June 13, 2014
BAKER, C.J., delivered the opinion of the Court, in which
ERDMANN, STUCKY, RYAN, and OHLSON, JJ., joined.
Counsel
For Appellant: Captain Nicholas D. Carter (argued); Captain
Isaac C. Kennen.
For Appellee: Lieutenant Colonel C. Taylor Smith (argued);
Colonel Don M. Christensen (on brief); Gerald R. Bruce, Esq.
Military Judge:
W. Thomas Cumbie
We disagree.
In
68
United
approving official, the Air Force would pay them off using
Department of Defense funds appropriated for Air Force spending.
The actual payments were made by the Defense Finance Accounting
2
The
Though she
pled not guilty, Appellant did not dispute any elements of the
larceny charge.
She
also stipulated to the fact that DFAS paid U.S. Bank for the
unauthorized charges:
MJ: [D]efense counsel, youre willing to stipulate that
the charges that the accused made on her government
purchase card to Walgreens in the amount of approximately
2,400 dollars, and to AAFES in the amount of 18,333
dollars and 78 cents, that those charges were actually
paid for by the Defense Accounting and Finance Service
[sic]?
[DC]:
Cimball Sharpton, 72
M.J. at 779.
1
Id.
The CCA
Id. at
786.
Appellant then appealed to this Court, which granted
hearing on the following issue:
WHETHER THE AIR FORCE COURT ABUSED ITS DISCRETION IN
FINDING THE EVIDENCE LEGALLY SUFFICIENT TO SUPPORT A
CONVICTION FOR LARCENY FROM THE AIR FORCE.
DISCUSSION
Questions of law, including questions of legal sufficiency,
are reviewed by this Court de novo.
M.J. 177, 180 (C.A.A.F. 2014).
(b)
(c)
(d)
Any of the
46.c.(1)(a).
A 2002 amendment to the MCM specifically addresses
identifying the victim in a larceny charged under Article 121,
UCMJ, and committed through credit, debit, and electronic
transactions:
The
MCM
Id.
presented, the Air Force agreed to pay U.S. Bank for all GPC
purchases.2
It is clear -- in
In view of the
68
today.
The Air Force suffered the financial loss in this case.
Therefore, the Government was correct in charging larceny from
the Air Force.