UNITED STATES AIR FORCE

COURT OF CRIMINAL APPEALS

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No. ACM 39734 (f rev)

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UNITED STATES

Appellee

v.

Danber S. ALBARDA

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

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Appeal from the United States Air Force Trial Judiciary

Upon Further Review

Decided 7 July 2021

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Military Judge: W. Shane Cohen.

Approved sentence: Dishonorable discharge, confinement for 6 years, 

and reduction to E-1. Sentence adjudged on 8 March 2019 by GCM 

convened at Fort George G. Meade, Maryland.

For Appellant: Major Alexander A. Navarro, USAF.

For Appellee: Major Jessica L. Delaney, USAF; Mary Ellen Payne, 

Esquire. 

Before MINK, KEY, and ANNEXSTAD, 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This is an unpublished opinion and, as such, does not serve as 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:

This case was originally submitted for our review with Appellant alleging 

multiple assignments of error. On 22 February 2021, we issued our opinion in 

Appellant’s case and concluded that the approved findings and sentence were 

correct in law and fact, and no error materially prejudicial to the substantial 
United States v. Albarda, No. ACM 39734 (f rev)

2

rights of Appellant occurred. Articles 59(a) and 66(c), UCMJ, 10 U.S.C. §§

859(a), 866(c). Accordingly, we affirmed the findings and sentence. United 

States v. Albarda, No. ACM 39734, 2021 CCA LEXIS 75, at *32 (A.F. Ct. Crim. 

App. 22 Feb. 2021) (unpub. op.). However, we also concluded that both the 

action and the court-martial order erroneously failed to report the deferral of 

the reduction in grade. Therefore, we returned the record of trial to the Judge 

Advocate General for remand to the convening authority to withdraw the 

incomplete action, substitute a corrected action, and issue a corrected courtmartial order. Further, we ordered that the record of trial be returned to this 

court for completion of appellate review under Article 66, UCMJ. Id.

On 12 March 2021, both a corrected action and court-martial order were

completed by the convening authority. Subsequently, the record of trial was 

returned to this court. We have reviewed the convening authority’s corrected

action and court-martial order. We find that the corrections comply with our 

order. On 17 May 2021, Appellant filed a brief with this court and raised one 

additional issue for our consideration: whether Appellant’s court-martial 

conviction, which had no unanimity requirement, is invalid in light of the 

United States Supreme Court’s decision in Ramos v. Louisiana, 140 S. Ct. 1390

(2020), that the Sixth Amendment1 requires unanimous verdicts for federal 

and state criminal trials.2 We have carefully considered Appellant’s contention 

and find it does not require further discussion or warrant relief. See United 

States v. Matias, 25 M.J. 356, 361 (C.M.A. 1987).3

Upon further review, the approved findings and sentence are correct in law 

and fact, and no error materially prejudicial to Appellant’s substantial rights 

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

 

1 U.S. CONST. amend. VI.

2 Appellant raised this issue pursuant to United States v. Grostefon, 12 M.J. 431 

(C.M.A. 1982).

3 “[T]here is no Sixth Amendment right to trial by jury in courts-martial.” United 

States v. Easton, 71 M.J. 168, 175 (C.A.A.F. 2012) (citations omitted); see also Ex parte 

Quirin, 317 U.S. 1, 45 (1942); Ex parte Milligan, 71 U.S. 2, 123 (1866); United States 

v. McClain, 22 M.J. 124, 130 (C.M.A. 1986). Therefore, there can be no requirement for 

a unanimous jury verdict at courts-martial under that amendment.
United States v. Albarda, No. ACM 39734 (f rev)

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Accordingly, the findings and sentence are AFFIRMED.

FOR THE COURT

CAROL K. JOYCE

Clerk of the Court