UNITED STATES AIR FORCE

COURT OF CRIMINAL APPEALS

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No. ACM S32757

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UNITED STATES

Appellee

v.

Nysha D.G. JACKSON

Senior Airman (E-4), U.S. Air Force, Appellant

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Appeal from the United States Air Force Trial Judiciary

Decided 9 August 2024

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Military Judge: Julie L. Pitvorec (pretrial); Bradley J. Palmer.

Sentence: Sentence adjudged 13 June 2023 by SpCM convened at Minot

Air Force Base, North Dakota. Sentence entered by military judge on 20 

July 2023: Bad-conduct discharge, confinement for 120 days, reduction 

to E-1, and a reprimand. 

For Appellant: Lieutenant Colonel Jarett Merk, USAF; Captain Michael 

J. Bruzik, USAF.

For Appellee: Lieutenant Colonel J. Pete Ferrell, USAF; Lieutenant 

Colonel G. Matt Osborn, USAF; Major Brittany M. Speirs, USAF; Mary 

Ellen Payne, Esquire.

Before ANNEXSTAD, MASON, and KEARLEY, Appellate Military 

Judges. 

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This is an unpublished opinion and, as such, does not serve as 

precedent under AFCCA Rule of Practice and Procedure 30.4.

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PER CURIAM:

A military judge sitting as a special court-martial convicted Appellant, in 

accordance with her pleas and pursuant to a plea agreement, of one specification of conspiracy to wrongfully distribute a controlled substance on divers 
United States v. Jackson, No. ACM S32757

2

occasions in violation of Article 81, Uniform Code of Military Justice (UCMJ), 

10 U.S.C. § 881; and one specification of wrongful possession on divers occasions of a controlled substance with the intent to distribute said controlled substance, in violation of Article 112a, UCMJ, 10 U.S.C. § 912a.

1,2 The military 

judge sentenced Appellant to a bad-conduct discharge, confinement for 120 

days, reduction to the grade of E-1, and a reprimand. On 10 July 2023, the 

convening authority took no action on the findings or sentence. On the same 

day, the convening authority denied Appellant’s request to defer the portion of 

the sentence reducing her to the grade of E-1, denied Appellant’s request to 

waive automatic forfeitures for a period of four months, and denied Appellant’s 

request to suspend the automatic forfeitures and reduction in rank for four 

months.

Appellant raises one issue on appeal which we reworded: whether the misapplication of 18 U.S.C. § 922 to Appellant unconstitutionally deprived her of 

her right to bear arms based on her conviction of a nonviolent offense at a special court-martial.

After carefully considering this issue and for the reasons explained in 

United States v. Vanzant, __ M.J. __, No. ACM 22004, 2024 CCA LEXIS 215, 

at *24 (A.F. Ct. Crim. App. 28 May 2024), and United States v. Lepore, 81 M.J. 

759, 763 (A.F. Ct. Crim. App. 2021) (en banc), we find Appellant is not entitled 

to relief.

The findings and sentence as entered are correct in law and fact, and no 

error materially prejudicial to Appellant’s substantial rights occurred. Articles 

59(a) and 66(d), UCMJ, 10 U.S.C. §§ 859(a), 866(d).

3

1 All references to the UCMJ are to the Manual for Courts-Martial, United States (2019 

ed.).

2 Pursuant to the plea agreement, the convening authority withdrew and dismissed

with prejudice one specification of making a false statement and one specification of 

wrongfully using marijuana in violation of Articles 107 and 112a, UCMJ, 10 U.S.C. 

§§ 907, 912a.

3 During our review, we note that the entry of judgment contains a typographical error 

on page 3, in the paragraph concerning suspensions. In the paragraph it states: “forfeitures for a period for months.” It should state: “forfeitures for a period of four 

months.” Appellant has not raised any issue with the entry of judgment, nor claimed 

any prejudice. We find no material prejudice to a substantial right of Appellant. 
United States v. Jackson, No. ACM S32757

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Accordingly, the findings and sentence are AFFIRMED.

FOR THE COURT

CAROL K. JOYCE

Clerk of the Court