United States v. Prescott--AFCCA

Prescott was convicted by members of attempted larceny and a false official statement; for which he was Dismissed. Appellant submitted a claim in the Defense Personal Property System (DPS)4 in excess of $32,000.00 for 168 items he claimed had been either damaged or were missing as a result of the move; Appellant received $16,309.22 for his claim.

Appellant raises the following issues

(1) Legal and factual sufficiency.
(2) Abuse of discretion by permitting the Government to offer evidence of Appellant’s 2011 household goods claim under Mil. R. Evid. 404(b).
(3) Improper trial counsel  argument on findings.
(4) Sentence appropriateness.
(5) Commander of Space Operations Command, United States Space Force, lacked jurisdiction to take action on Appellant’s sentence.
(6) Do the charged victim’s subrogation and charge-back agreements with its agents render Appellant’s conviction for attempted larceny legally and factually insufficient.
(7) Error by granting the Government’s challenge for cause against a court member.
(8) The finding of guilty to attempted larceny was ambiguous.
(9) The court-martial ceased to be properly convened when 14th Air Force—the convening command—was redesignated Space Operations Command.
(10) Unreasonable post-trial delay.
(11) The unanimity issue.