UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 04-243

Thursday, September 30, 2004

 

APPEALS - SUMMARY DISPOSITIONS

 

No. 03-0518/MC.  U.S. v. Teon E. JACKSON.  CCA 200001671.  On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, and in light of our recent decision in United States v. Jenkins, 60 M.J. 27 (C.A.A.F. 2004), it is ordered that said petition is granted on the following issue:

 

WHETHER THE LOWER COURT'S VERBATIM REPLICATION OF SUBSTANTIAL PORTIONS OF THE GOVERNMENT'S ARGUMENT AS THE COURT'S OPINION CONSTITUTES AN ABUSE OF DISCRETION, NEGATES ANY APPEARANCE OF JUDICIAL IMPARTIALITY AND SUBSTANTIALLY UNDERMINES THE INTEGRITY OF THE OPINION.

 

The decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside.  The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for a new review pursuant to Article 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c) (2000), before a panel comprised of judges who have not previously participated in this case.  [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

No. 03-0538/MC.  U.S. v. Nathan T. OTTO.  CCA 200001460.  On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, and in light of our recent decision in United States v. Jenkins, 60 M.J. 27 (C.A.A.F. 2004), it is ordered that said petition is granted on the following issue:

 

WHETHER THE LOWER COURT'S VERBATIM REPLICATION OF SUBSTANTIAL PORTIONS OF THE GOVERNMENT'S ANSWER BRIEF AS THAT COURT'S OPINION CONSTITUTES AN ABUSE OF DISCRETION, NEGATES ANY APPEARANCE OF JUDICIAL IMPARTIALITY AND SUBSTANTIALLY UNDERMINES THE INTEGRITY OF THE OPINION.

 

The decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside.  The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for a new review pursuant to Article 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c) (2000), before a panel comprised of judges who have not previously participated in this case.  [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

No. 03-0588/NA.  U.S. v. Antoinette VANDERBILT.  CCA 200000487.  On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, and in light of our recent decision in United States v. Jenkins, 60 M.J. 27 (C.A.A.F. 2004), it is ordered that said petition is granted on the following issue:

 

WHETHER THE LOWER COURT'S VERBATIM REPLICATION OF SUBSTANTIAL PORTIONS OF THE GOVERNMENT'S ANSWER BRIEF AS THAT COURT'S OPINION CONSTITUTES AN ABUSE OF DISCRETION, NEGATES ANY APPEARANCE OF JUDICIAL IMPARTIALITY AND SUBSTANTIALLY UNDERMINES THE INTEGRITY OF THE OPINION.

 

The decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside.  The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for a new review pursuant to Article 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c) (2000), before a panel comprised of judges who have not previously participated in this case.  [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

No. 03-0591/NA.  U.S. v. Thomas N. CREAM.  CCA 200200962.  On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, and in light of our recent decision in United States v. Jenkins, 60 M.J. 27 (C.A.A.F. 2004), it is ordered that said petition is granted on the following issue:

 

WHETHER THE LOWER COURT'S VERBATIM REPLICATION OF SUBSTANTIAL PORTIONS OF THE GOVERNMENT'S ANSWER BRIEF AS THAT COURT'S OPINION CONSTITUTES AN ABUSE OF DISCRETION, NEGATES ANY APPEARANCE OF JUDICIAL IMPARTIALITY AND SUBSTANTIALLY UNDERMINES THE INTEGRITY OF THE OPINION.

 

The decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside.  The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for a new review pursuant to Article 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c) (2000), before a panel comprised of judges who have not previously participated in this case.  [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

No. 04-0069/MC.  U.S. v. David Y. OWENS.  CCA 200200427.  On further consideration of this case, and in light of our decision in United States v. Jenkins, 60 M.J. 27 (C.A.A.F. 2004), it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside.  The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for a new review pursuant to Article 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c) (2000), before a panel comprised of judges who have not previously participated in this case.

 

No. 04-0219/MC.  U.S. v. Scipio J. WILLIAMS.  CCA 200101854.  On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, and in light of our recent decision in United States v. Jenkins, 60 M.J. 27 (C.A.A.F. 2004), it is ordered that said petition is granted on the following issue:

 

WHETHER THE LOWER COURT'S VERBATIM REPLICATION OF SUBSTANTIAL PORTIONS OF THE GOVERNMENT'S ARGUMENT AS THE COURT'S OPINION CONSTITUTES AN ABUSE OF DISCRETION, NEGATES ANY APPEARANCE OF JUDICIAL IMPARTIALITY AND SUBSTANTIALLY UNDERMINES THE INTEGRITY OF THE OPINION.

 

The decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside.  The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for a new review pursuant to Article 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c) (2000), before a panel comprised of judges who have not previously participated in this case.  [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

No. 04-0350/MC.  U.S. v. Whitman D. WALLACE.  CCA 200001148.  On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, and in light of our recent decision in United States v. Jenkins, 60 M.J. 27 (C.A.A.F. 2004), it is ordered that said petition is granted on the following issue:

 

WHETHER THE LOWER COURT'S VERBATIM REPLICATION OF SUBSTANTIAL PORTIONS OF THE GOVERNMENT'S ARGUMENT AS THE COURT'S OPINION CONSTITUTES AN ABUSE OF DISCRETION, NEGATES ANY APPEARANCE OF JUDICIAL IMPARTIALITY AND SUBSTANTIALLY UNDERMINES THE INTEGRITY OF THE OPINION.

 

The decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside.  The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for a new review pursuant to Article 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c) (2000), before a panel comprised of judges who have not previously participated in this case.  [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

No. 04-0372/MC.  U.S. v. Jeremy D. THOMPSON.  CCA 200101956.  On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, and in light of our recent decision in United States v. Jenkins, 60 M.J. 27 (C.A.A.F. 2004), it is ordered that said petition is granted on the following issue:

 

WHETHER THE LOWER COURT'S VERBATIM REPLICATION OF SUBSTANTIAL PORTIONS OF THE GOVERNMENT'S ARGUMENT AS THE COURT'S OPINION CONSTITUTES AN ABUSE OF DISCRETION, NEGATES ANY APPEARANCE OF JUDICIAL IMPARTIALITY AND SUBSTANTIALLY UNDERMINES THE INTEGRITY OF THE OPINION.

 

The decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside.  The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for a new review pursuant to Article 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c) (2000), before a panel comprised of judges who have not previously participated in this case.  [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

No. 04-0442/AF.  U.S. v. Christopher P. MOFFEIT.  CCA 35159.  On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, and in light of this Court’s decision in United States v. O’Connor, 58 M.J. 450 (C.A.A.F. 2003), it is ordered that said petition is granted on the following issue:

 

WHETHER APPELLANT'S CONVICTION FOR RECEIVING AND POSSESSING CHILD PORNOGRAPHY UNDER 18 U.S.C. § 2252A MUST BE SET ASIDE.

 

The decision of the United States Air Force Court of Criminal Appeals as to Specifications 1 and 2 of the Charge and the sentence is reversed, but is affirmed in all other respects.  The findings of guilty of Specifications 1 and 2 of the Charge and the sentence are set aside.  The record of trial is returned to the Judge Advocate General of the Air Force for remand to the Court of Criminal Appeals.  That court may either dismiss Specifications 1 and 2 of the Charge and reassess the sentence based on the affirmed guilty findings or order a rehearing.  [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

CRAWFORD, Chief Judge (dissenting):  I dissent from the order setting aside Specifications 1 and 2 of the Charge for the reasons set forth in my separate opinion in United States v. O’Connor, 58 M.J. 450, 455 (C.A.A.F. 2003) (Crawford, C.J., dissenting).

 

No. 04-0464/AF.  U.S. v. Tracy L. DAVIDSON.  CCA 34911.  On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, said petition is granted and the decision of the United States Air Force Court of Criminal Appeals is affirmed.  [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

No. 04-0491/AR.  U.S. v. Fabian G. PEREZ.  CCA 20011030.  On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, and in light of our decision in United States v. Lajaunie, ___ M.J. ___ (Daily Journal July 21, 2004), it is ordered that said petition is granted on the following specified issue:

 

WHETHER THE UNITED STATES ARMY COURT OF CRIMINAL APPEALS EXCEEDED ITS AUTHORITY UNDER ARTICLE 66(c), UCMJ, BY AFFIRMING A SENTENCE THAT WAS NOT CORRECT IN LAW AND FACT AND WAS GREATER THAN THAT INTENDED TO BE APPROVED BY THE CONVENING AUTHORITY.

 

The decision of the United States Army Court of Criminal Appeals and the convening authority’s action are set aside.  The record of trial is returned to the Judge Advocate General of the Army for remand to a convening authority for a new action in light of this Court’s decision in United States v. Emminizer, 56 M.J. 441 (C.A.A.F. 2002).  [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

CRAWFORD, Chief Judge (dissenting):  I dissent for the reasons set forth in my dissenting opinion in United States v. Lajaunie, ___ M.J. ___ (Daily Journal July 21, 2004) (Crawford, C.J., dissenting).

 

No. 04-0509/AF.  U.S. v. Robert L. SEITTER.  CCA 34973.  On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, and in light of our decision in United States v. Lajaunie, ___ M.J. ___ (Daily Journal July 21, 2004), it is ordered that said petition is granted on the following issue:

 

WHETHER THE UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS EXCEEDED ITS AUTHORITY UNDER ARTICLE 66(c) UCMJ, BY AFFIRMING A SENTENCE THAT WAS NOT CORRECT IN LAW AND FACT AND WAS GREATER THAN THAT INTENDED TO BE APPROVED BY THE CONVENING AUTHORITY.

 

The decision of the United States Air Force Court of Criminal Appeals and the convening authority’s action are set aside.  The record of trial is returned to the Judge Advocate General of the Air Force for remand to a convening authority for a new action in light of this Court’s decision in United States v. Emminizer, 56 M.J. 441 (C.A.A.F. 2002).  [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

CRAWFORD, Chief Judge (dissenting):  I dissent for the reasons set forth in my dissenting opinion in United States v. Lajaunie, ___ M.J. ___ (Daily Journal July 21, 2004) (Crawford, C.J., dissenting).

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 03-0518/MC.  U.S. v. Teon E. JACKSON.  CCA 200001671.  [See also APPEALS – SUMMARY DISPOSITIONS this date.]

 

No. 03-0538/MC.  U.S. v. Nathan T. OTTO.  CCA 200001460.  [See also APPEALS – SUMMARY DISPOSITIONS this date.]

 

No. 03-0588/NA.  U.S. v. Antoinette VANDERBILT.  CCA 200000487.  [See also APPEALS – SUMMARY DISPOSITIONS this date.]

 

No. 03-0591/NA.  U.S. v. Thomas N. CREAM.  CCA 200200962.  [See also APPEALS – SUMMARY DISPOSITIONS this date.]

 

No. 04-0219/MC.  U.S. v. Scipio J. WILLIAMS.  CCA 200101854.  [See also APPEALS – SUMMARY DISPOSITIONS this date.]

 

No. 04-0350/MC.  U.S. v. Whitman D. WALLACE.  CCA 200001148.  [See also APPEALS – SUMMARY DISPOSITIONS this date.]

 

No. 04-0372/MC.  U.S. v. Jeremy D. THOMPSON.  CCA 200101956.  [See also APPEALS – SUMMARY DISPOSITIONS this date.]

 

No. 04-0442/AF.  U.S. v. Christopher P. MOFFEIT.  CCA 35159.  [See also APPEALS – SUMMARY DISPOSITIONS this date.]

 

No. 04-0464/AF.  U.S. v. Tracy L. DAVIDSON.  CCA 34911.  [See also APPEALS – SUMMARY DISPOSITIONS this date.]

 

No. 04-0491/AR.  U.S. v. Fabian G. PEREZ.  CCA 20011030.  [See also APPEALS – SUMMARY DISPOSITIONS this date.]

 

No. 04-0509/AF.  U.S. v. Robert L. SEITTER.  CCA 34973.  [See also APPEALS – SUMMARY DISPOSITIONS this date.]

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 04-0339/NA.  U.S. v. Robert J. CROSS.  CCA 200101055.

No. 04-0602/NA.  U.S. v. Hector CAMARILLO Jr.  CCA 200301464.*/

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 04-0801/MC.  U.S. v. Jemima HARVEY.  CCA 200001040.

No. 04-0802/MC.  U.S. v. Ladine DANIELS.  CCA 200400010.

 

____________

 

*/  It is directed that the promulgating order be corrected to reflect that Appellant was found guilty of the Specification of the Charge by exceptions and substitutions in accordance with his pleas.


--------------------------------------------
 

ANNOUNCEMENT

by the

 

CLERK OF THE COURT

 

of the

 

CUMULATIVE SUMMARY OF

 

COURT WORKLOAD STATISTICS

 

FOR THE OCTOBER 2004 TERM OF COURT

 

 

I.  CUMULATIVE PENDING OCTOBER 1, 2003

 

    Master Docket ..............................  49

    Petition Docket ............................ 171

    Miscellaneous Docket .......................   4

    TOTAL ...................................... 224

 

ii. CUMULATIVE FILINGS

 

    Master Docket .............................. 136

    Petition Docket ............................ 802

    Miscellaneous Docket .......................  29

    TOTAL ...................................... 967

 

III. CUMULATIVE TERMINATIONS

 

    Master Docket .............................. 134

    Petition Docket ............................ 758

    Miscellaneous Docket .......................  27

    TOTAL ...................................... 919

 

IV. CUMULATIVE PENDING OCTOBER 1, 2004

 

    Master Docket ..............................  51*/

    Petition Docket ............................ 215

    Miscellaneous Docket .......................   6

    TOTAL ...................................... 272

 

___

*/  Comparative Master Docket figures for the past 10 years are: 49 (FY03); 50 (FY02); 60 (FY01); 70 (FY00); 77 (FY99); 105 (FY98); 289 (FY97); 73 (FY96); 105 (FY95); 119 (FY94).


V.  CASES ON MASTER DOCKET CARRIED OVER TO OCTOBER 2005

    TERM OF COURT

 

AWAITING ORAL ARGUMENT OR FINAL DISPOSITION (40)

 

         98-0497/NA - DAVIS

         00-0679/AR - BEST

         02-0623/AR - MARTINELLI

         03-0223/AF - DEES

         03-0256/AR – BOWLEY

         03-0270/AF – POLFLIET, Jr.

         03-0293/AF - MARTENS

         03-0382/AR - BALDWIN

         03-0454/AF - ALLEN

         03-0589/AR - BODIN

         03-0635/MC - HALL

         03-0638/CG - DATZ

         03-0646/AR - FARLEY

         03-0647/AR - LEAK

         03-0655/MC - STROTHER

         03-0694/AR - SHELTON

         04-0042/AR - MEGHDADI

         04-0081/AF - SCHEURER

         04-0119/AF - WARNER

         04-0120/AR - LITTERAL

         04-0140/AR - ASBURY

         04-0145/AF - REEVES

         04-0208/AR – WILLIAMS, Jr.

         04-0216/AF - KEY

         04-0217/AF – ISRAEL, Jr.

         04-0218/MC - RICHARDSON

         04-0238/AF - HARRIS

         04-0240/AR - BERRY

         04-0241/AF – MOSES

         04-0250/AR - SCALO

         04-0252/AR - BODKINS

         04-0284/AF – JAMES

         04-0291/AR - CANO

         04-0295/AR - McNUTT

         04-0340/MC - BAIER

         04-0348/AR – BROOKS

         04-0382/AF - MIZGALA

         04-5002/AF - CARTER

         04-5004/AR – SINGLETON

         04-5006/AR - KREUTZER

 

AWAITING BRIEFS (11)

 

         02-0060/MC - JONES

         03-0568/AR - BILLINGS

         03-0678/AR - STEBBINS

         04-0178/AR – SAINTAUDE, Jr.

         04-0359/AR - SHELTON

         04-0392/AF – GRIGGS

         04-0433/AF - STARGELL

         04-0465/AF - FLETCHER

         04-0480/AF - SONEGO

         04-0540/AF - BARRIER

         04-5005/NA - FORBES

 


 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 04-242

Wednesday, September 29, 2004

 

APPEALS - SUMMARY DISPOSITIONS

 

No. 03-0403/NA.  U.S. v. Robert F. BRINTON.  CCA 200001971.  On further consideration of this case, and in light of our decision in United States v. Jenkins, 60 M.J. 27 (C.A.A.F. 2004), it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside.  The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for a new review pursuant to Article 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c) (2000), before a panel comprised of judges who have not previously participated in this case.

 

No. 03-0515/NA.  U.S. v. Thomas J. SCHNABLE.  CCA 9900852.  On further consideration of this case, and in light of our decision in United States v. Jenkins, 60 M.J. 27 (C.A.A.F. 2004), it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside.  The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for a new review pursuant to Article 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c) (2000), before a panel comprised of judges who have not previously participated in this case.

 

No. 03-0578/NA.  U.S. v. Jeffrey B. MAZER.  CCA 200001655.  On further consideration of this case, and in light of our decision in United States v. Jenkins, 60 M.J. 27 (C.A.A.F. 2004), it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside.  The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for a new review pursuant to Article 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c) (2000), before a panel comprised of judges who have not previously participated in this case.

 

No. 03-0613/MC.  U.S. v. Jimmie L. GETER.  CCA 9901433.  On further consideration of this case, and in light of our decision in United States v. Jenkins, 60 M.J. 27 (C.A.A.F. 2004), it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside.  The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for a new review pursuant to Article 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c) (2000), before a panel comprised of judges who have not previously participated in this case.

 

No. 04-0067/MC.  U.S. v. Timothy T. RYAN.  CCA 9900374.  On further consideration of this case, and in light of our decision in United States v. Jenkins, 60 M.J. 27 (C.A.A.F. 2004), it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside.  The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for a new review pursuant to Article 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c) (2000), before a panel comprised of judges who have not previously participated in this case.

 

No. 04-0090/MC.  U.S. v. Eric W. SELL.  CCA 200200458.  On further consideration of this case, and in light of our decision in United States v. Jenkins, 60 M.J. 27 (C.A.A.F. 2004), it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside.  The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for a new review pursuant to Article 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c) (2000), before a panel comprised of judges who have not previously participated in this case.

 

No. 04-0177/NA.  U.S. v. John M. LYDY.  CCA 200200005.  On further consideration of this case, and in light of our decision in United States v. Jenkins, 60 M.J. 27 (C.A.A.F. 2004), it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside.  The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for a new review pursuant to Article 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c) (2000), before a panel comprised of judges who have not previously participated in this case.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 04-0482/AF.  U.S. v. Eric P. LUNDEEN.  CCA 35095.

No. 04-0577/AR.  U.S. v. Charles P. MILLER Jr.  CCA 20001033.

No. 04-0637/AR.  U.S. v. James H. COLEMAN.  CCA 20020546.

No. 04-0638/AR.  U.S. v. Cristopher W. HARPER.  CCA 20030709.

No. 04-0659/AR.  U.S. v. Justin R. ROSENBAUM.  CCA 20030710.

No. 04-0667/AF.  U.S. v. Moises ORTIZ.  CCA 35709.

No. 04-0682/AF.  U.S. v. Kyle L. ALEXANDER.  CCA 35704.

No. 04-0690/AR.  U.S. v. Jermaine MORSTON.  CCA 20040181.

No. 04-0702/AR.  U.S. v. Michael L. BAYLES.  CCA 20030898.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 04-0797/AR.  U.S. v. David P. CHRISTIAN.  CCA 20011021.

No. 04-0798/MC.  U.S. v. Walter T. STRZELEWICZ.  CCA 200202313.

No. 04-0799/NA.  U.S. v. Timothy E. MILLER.  CCA 200400762.

No. 04-0800/AF.  U.S. v. James MORENO, Jr.  CCA S30552.  [See also INTERLOCUTORY ORDERS this date.]

 

INTERLOCUTORY ORDERS

 

No. 03-0568/AR.  U.S. v. Jacqueline BILLINGS.  CCA 9900122.  Appellant's motion to extend time to file final brief granted, but only up to and including October 19, 2004; and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 04-0615/MC.  U.S. v. Felix F. VELEZ.  CCA 200301143.  Appellee's motion to correct errata granted.

 

No. 04-0724/AR.  U.S. v. Stephen C. ADAMS.  CCA 20010664.  Appellant's motion to extend time to file supplement to petition for grant of review granted to October 29, 2004.

 

No. 04-0728/AR.  U.S. v. Joel M. DELA CIRNA.  CCA 20030338. Appellant's motion to extend time to file supplement to petition for grant of review granted to November 1, 2004.

 

No. 04-0800/AF.  U.S. v. James MORENO, Jr.  CCA S30552.  Notice is hereby given that a petition for grant of review was offered for filing under Rule 20 together with Appellant’s supplement to petition for grant of review and motion to file the same out of time this date.  Appellee shall file an answer to Appellant’s motion on or before the 6th day of October, 2004.  Further action on the petition shall be held in abeyance pending the Court’s final action on the motion.  [See also PETITIONS FOR GRANT OF REVIEW FILED this date.]

 



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 04-241

Tuesday, September 28, 2004


PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 04-0586/MC.  U.S. v. Ryan P. SMITH.  CCA 200102227.

No. 04-0587/AR.  U.S. v. Kenneth L. PROCTOR.  CCA 20030200.

No. 04-0590/NA.  U.S. v. Kevin A. ROSENBERG.  CCA 200100797.

No. 04-0609/CG.  U.S. v. Gregory L. TURNER.  CCA 1206.

No. 04-0628/MC.  U.S. v. Clevon O. HAYDEN.  CCA 200100457.

No. 04-0630/AR.  U.S. v. Brian J. LEA.  CCA 20031156.

No. 04-0632/MC.  U.S. v. Eric W. PETRIE.  CCA 200301535.

No. 04-0645/MC.  U.S. v. Eric FLORES.  CCA 200301731.

No. 04-0652/NA.  U.S. v. Jeremy A. HEFFINGTON.  CCA 200301028.

No. 04-0672/AR.  U.S. v. Ledarrick T. HURST.  CCA 20030363.

 

INTERLOCUTORY ORDERS

 

No. 03-0678/AR.  U.S. v. John H. STEBBINS.  CCA 20000497.  Appellant's second and final motion to extend time to file supplemental brief granted up to and including October 6, 2004; and, no further extension of time will be granted in this case.

 

No. 04-0291/AR.  U.S. v. Arturo CANO.  CCA 20010086.  Appellee's motion to extend time to file an answer to final brief granted up to and including September 29, 2004; and, absent extraordinary circumstances, no further extension of time will be granted in this case.

 


 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 04-240

Monday, September 27, 2004


PETITIONS FOR GRANT OF REVIEW FILED

 

No. 01-0653/AF.  U.S. v. Christopher T. MILES.  CCA 34094.*/

No. 04-0791/AR.  U.S. v. David F. DALTON, Jr.  CCA 20040187.

No. 04-0792/AR.  U.S.