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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, January 13, 2014

9:30 a.m.:

United States v.	Charles C. Hornback	No. 13-0442/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: LT David C. Dziengowski, JAGC, USN (brief)
                                      ------------------------------------- (reply brief)
Counsel for Appellee:  Col Stephen C. Newman, USMC (brief)

Case Summary: SPCM conviction of violating a lawful general order, making a false official statement, and committing larceny. Granted issue questions whether the United States Navy-Marine Corps Court of Criminal Appeals erred in finding no material prejudice to Appellant's substantial right to a fair trial after it assumed, without deciding, that trial counsel's actions amounted to misconduct, and whether the military judge's curative instructions sufficiently addressed the cumulative nature of such conduct as well as any corresponding prejudice in light of the factors identified in United States v. Fletcher, 62 M.J. 175 (C.A.A.F. 2005).

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

Followed by:

United States v.	Nicholas R. Elespuru	No. 14-0012/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Isaac C. Kennen, USAF (brief)
Counsel for Appellee: Maj Daniel J. Breen, USAFR (brief)

Case Summary: GCM conviction of abusive sexual contact, wrongful sexual contact and assault. Granted issue questions whether Specifications 2 and 3 of Charge I are multiplicious.

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

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Tuesday, January 14, 2014

9:30 a.m.:

United States v.	Christopher R. Kearns	No. 13-0565/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Ian M. Guy, JA, USA (brief)
Counsel for Appellee:  Capt Samuel Gabremariam, JA., USA (brief)

Case Summary: GCM conviction of making a false official statement, carnal knowledge, transporting a minor with intent, and disorderly conduct. Granted issue questions whether the evidence was legally sufficient to prove that Appellant had the intent to engage in criminal sexual conduct with KO, a minor, when he facilitated KO's travel in interstate commerce and was found guilty in Specification 1 of Charge III of violating 18 U.S.C. § 2423(a).

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

Followed by:

United States v.	Jesus Gutierrez, Jr.	No. 14-0009/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Brian D. Andes, JA, USA (brief)
Counsel for Appellee:  Capt T. Campbell Warner, JA, USA (brief)

Case Summary: GCM conviction of stalking. Granted issue questions whether the evidence of stalking was legally sufficient where Appellant was aquitted of rape and the prosecution relied on the evidence of rape to prove stalking.

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

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Tuesday, January 28, 2014

9:30 a.m.:

United States v.	David J. Janssen	No. 14-0130/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Jeffrey A. Davis, USAF (brief)                                    ------------------------------ (reply brief)
Counsel for Appellee:  Gerald R. Bruce, Esq. (brief)

Case Summary: GCM conviction of disobeying a no-contact order, rape, assault, obstruction of justice, and breaking restriction. Granted issue questions whether the civilian judge on Appellant's Air Force Court of Criminal Appeals panel was properly appointed. See U.S. Const. Article II, Section 2, Clause 2; 10 U.S.C. § 113 (2012); 5 U.S.C. § 3101 (2012).

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