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United States Court of Appeals
for the Armed Forces
450 E Street, Northwest Washington D.C. 20442-0001

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Monday, December 16, 2013

9:30 a.m.:

United States v.	Steven A. Danylo	No. 13-0570/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Maj Anthony D. Ortiz, USAFR (brief)
Counsel for Appellee:  Lt Col C. Taylor Smith, USAF (brief)

Case Summary: GCM conviction of using marijuana, distributing marijuana, using cocaine, distributing cocaine, introducing marijuana onto a military installation and assault. Granted issues question (1) whether the military judge erred when he only considered the period of time for Appellant's Article 62 appeal for the purposes of Appellant's speedy trial motion; and (2) whether Appellant was denied his Sixth Amendment right to a speedy trial when his court-martial occurred 350 days after he was placed in pretrial confinement.

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument.

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Tuesday, December 17, 2013

9:30 a.m.:

United States v.	Jonathan E. Lee	No. 07-0725/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Col John G. Baker, USMC (brief)
                                  ------------------------- (reply brief)
Counsel for Appellee: Maj Paul M. Ervasti, USMC (brief)

Case Summary: GCM conviction of conduct unbecoming an officer. Granted issue questions whether the Court of Criminal Appeals erred in finding no due process violation where 2,500 days elapsed between sentencing and removal of Appellant's name from the Texas Sex Offender Registry.

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument.

Followed by:

United States v.	Korey J. Talkington	No. 13-0601/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Thomas A. Smith, USAF (brief)                                       ------------------------------ (reply brief)
Counsel for Appellee: Maj Charles G. Warren, USAF (brief)

Case Summary: GCM conviction of attempted aggravated assault and attempted aggravated sexual contact. Granted issue questions whether the military judge erred by instructing the members that consideration of sex offender registration is "not a matter before them" and "fraught with problems."

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument.