UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-021
Thursday, October 31, 2002

PETITIONS FOR GRANT OF REVIEW DENIED

No. 02-0685/MC. U.S. v. Russell P. CORN. CCA 200101471.

No. 02-0687/MC. U.S. v. Sonny J. CURTIS. CCA 200200087.

No. 02-0693/MC. U.S. v. Jason M. FERNANDEZ. CCA 200101625.

No. 02-0695/MC. U.S. v. Benjamin L. FRANZWA. CCA 200102179.

No. 02-0712/MC. U.S. v. Daniel J. MAHAN. CCA 200101691.

No. 02-0724/MC. U.S. v. Eddie J. MORAN. CCA 200100934.

No. 02-0751/MC. U.S. v. Abram L. WILLIAMS. CCA 200100820.

No. 02-0860/AR. U.S. v. Joshua P. MATTLAGE. CCA 9900388.

No. 02-0886/AR. U.S. v. James A. ASHBY Jr. CCA 20011095.

No. 02-0890/AR. U.S. v. Clarence A. MOSS. CCA 20010391.

No. 02-0892/AR. U.S. v. Dameyan J. JACKSON. CCA 20010781.

No. 02-0896/MC. U.S. v. Stephen M. LEACH. CCA 200200467.

No. 02-0897/MC. U.S. v. Brad W. WILKERSON. CCA 200100431.

No. 02-0940/AF. U.S. v. Nicole M. STRECKER. CCA S30101.

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0065/MC. U.S. v. Anthony QUIROZ. CCA 9801864. Notice is hereby given that a petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 20 on September 27, 2002 and placed on the docket this date. Appellant’s supplement to petition was filed under Rule 21 on the 28th day of October, 2002. Appellee may file an answer to the petition for grant of review under Rule 21(2) on or before the 2nd day of December, 2002.

MANDATES ISSUED

No. 01-0064/AF. U.S. v. Bobby D. BAKER II. CCA 34069.

No. 01-0658/AF. U.S. v. Christopher B. WASHINGTON. CCA S29797.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-020
Wednesday, October 30, 2002

PETITIONS FOR GRANT OF REVIEW DENIED

No. 02-0688/MC. U.S. v. Jaime DELGADO. CCA 200200153.

No. 02-0690/MC. U.S. v. Jonathan J. DIMUZIO. CCA 200102115.

No. 02-0692/MC. U.S. v. Jeffrey S. EVANS. CCA 200100901.

No. 02-0707/MC. U.S. v. Michael J. KEANE. CCA 200101645.

No. 02-0711/MC. U.S. v. Aaron C. LOWE. CCA 200102095.

No. 02-0713/MC. U.S. v. Lynn S. MALLERY. CCA 200101391.

No. 02-0717/MC. U.S. v. Michael C MCKENZIE. CCA 200101692.

No. 02-0729/MC. U.S. v. Rudy A. PEREZ. CCA 200102169.

No. 02-0750/MC. U.S. v. Christopher R. WHITWORTH. CCA 200100042.

No. 02-0800/MC. U.S. v. Allen L. PRATO. CCA 9901690.

No. 02-0859/MC. U.S. v. Vicente CHAVEZ. CCA 200200342.

No. 02-0912/AF. U.S. v. James A. JACKSON III. CCA S30120.

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0064/NA. U.S. v. Sherod H. MAIR. CCA 9700421.

INTERLOCUTORY ORDERS

No. 02-0243/AR. U.S. v. Judy A. HALL. CCA 9901124. Appellee's motion to supplement final brief granted.

No. 02-0948/MC. U.S. v. Nathan O. JAMES. CCA 200001750. Appellant's motion to file supplement to petition for grant of review out of time granted.

MANDATES ISSUED

No. 01-0241/AF. U.S. v. Hanalei M. TERLEP. CCA 33408.

No. 01-0387/NA. U.S. v. Toro KHAMSOUK. CCA 9900711.

No. 01-0588/AR. U.S. v. Ian J. POMARLEAU. CCA 9800836.

No. 01-0760/AR. U.S. v. Claude B. CARSON, Jr. CCA 9801402.

No. 01-0765/AR. U.S. v. Kendall L. SIMS. CCA 9900641.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-019
Tuesday, October 29, 2002

APPEALS - SUMMARY DISPOSITIONS

No. 02-0586/AR. U.S. v. William C. HARMS. CCA 9701529. On further consideration of the granted issue in light of United States v. Tardif, 57 M.J. 219 (2002), we conclude that a remand is necessary so that the court below can exercise its authority under Article 66(c), Uniform Code of Military Justice (UCMJ), 10 USC § 866(c), to determine whether relief is warranted and, if so, what relief should be granted. Accordingly, it is ordered that the decision of the United States Army Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals for further consideration in light of Tardif, supra. Thereafter, Article 67, UCMJ, 10 USC § 867, will apply.

CRAWFORD, Chief Judge (dissenting): I dissent for the reasons set forth in my separate dissenting opinion in United States v. Tardif, 57 M.J. 219, 225-228 (2002).

No. 02-0672/MC. U.S. v. Gabriel X. SOLIS. CCA 200101096. On further consideration of the granted issue in light of United States v. Tardif, 57 M.J. 219 (2002), we conclude that a remand is necessary so that the court below can exercise its authority under Article 66(c), Uniform Code of Military Justice (UCMJ), 10 USC § 866(c), to determine whether relief is warranted and, if so, what relief should be granted. Accordingly, 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 the Court of Criminal Appeals for further consideration in light of Tardif, supra. Thereafter, Article 67, UCMJ, 10 USC § 867, will apply.

CRAWFORD, Chief Judge (dissenting): I dissent for the reasons set forth in my separate dissenting opinion in United States v. Tardif, 57 M.J. 219, 225-228 (2002).

PETITIONS FOR GRANT OF REVIEW DENIED

No. 02-0669/MC. U.S. v. James M. MCNAMARA. CCA 200200134.

No. 02-0676/MC. U.S. v. Steven G. BAILEY. CCA 200101537.

No. 02-0683/MC. U.S. v. Travis M. BRINGLE. CCA 200100930.

No. 02-0694/MC. U.S. v. Robert J. FIERRO. CCA 200200163.

No. 02-0696/MC. U.S. v. Jason L. GALLUP. CCA 200101528.

No. 02-0697/MC. U.S. v. Stephen M. GILSON. CCA 200200080.

No. 02-0699/MC. U.S. v. Erick A. GUTIERREZ. CCA 200101524.

No. 02-0706/MC. U.S. v. Joel S. JIMENEZ. CCA 200100682.

No. 02-0715/MC. U.S. v. Joshua M. MASON. CCA 200100434.

No. 02-0725/MC. U.S. v. Trevor J. NELSON. CCA 200200145.

No. 02-0727/MC. U.S. v. Erik S. NORK. CCA 200101335.

No. 02-0730/MC. U.S. v. Stephan J. PIERCE. CCA 200102151.

No. 02-0731/MC. U.S. v. Daniel L. PRUETT. CCA 200102196.

No. 02-0744/MC. U.S. v. Christopher J. TAYLOR. CCA 200101762.

No. 02-0745/MC. U.S. v. Frank J. TEDESCHI. CCA 200101493.

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

No. 02-0505/AF. U.S. v. Daniel J. MCDOWELL. CCA 34448. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, we conclude that, with respect to the matter raised in Assigned Issue I of appellant’s supplement to his petition for grant of review, a remand is necessary in light of United States v. Emminizer, 56 M.J. 441 (2002). In the context of such remand, it is appropriate for the Court of Criminal Appeals to consider Assigned Issue II of appellant’s supplement to his petition for grant of review, which has not been considered previously by the court below. Accordingly, it is ordered that the decision of the United States Air Force Court of Criminal Appeals is 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 for further consideration in light of this order. Thereafter, Article 67, UCMJ, 10 USC § 867, will apply.*

* Senior Judge Eugene R. Sullivan took final action on this case prior to the end of his active service. Judge Charles E. Erdmann, Jr., did not participate in the disposition of this matter.

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0060/AR. U.S. v. Ricky D. FERGUSON. CCA 20010455.

No. 03-0061/AR. U.S. v. Dylan C. MARTIN. CCA 9801625.

No. 03-0062/AR. U.S. v. Set J. RICO. CCA 20000596.

No. 03-0063/CG. U.S. v. Douglas W. FARENCE. CCA 1161.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-018
Monday, October 28, 2002

PETITIONS FOR GRANT OF REVIEW DENIED

No. 02-0152/AF. U.S. v. Froilan M. ABILAR. CCA 34380.1/

No. 02-0367/AF. U.S. v. Daniel R. BILCZO Jr. CCA 34078.2/

No. 02-0570/AR. U.S. v. Lawrence R. RAGARD. CCA 98-01508.3/

________________

No. 02-0682/MC. U.S. v. Christopher G. BRIDGES. CCA 200101065.

No. 02-0684/MC. U.S. v. Eddie R. COLLAZO. CCA 200200411.

No. 02-0689/MC. U.S. v. Brian T. DETORO. CCA 200101465.

No. 02-0698/MC. U.S. v. Dennis J. GUIHAMA. CCA 200101336.

No. 02-0700/MC. U.S. v. Royse E. HALL. CCA 200101821.

No. 02-0703/MC. U.S. v. Jared K. HEWITT. CCA 200101343.

No. 02-0705/MC. U.S. v. Caleb J. HURLEY. CCA 200200147.

No. 02-0718/MC. U.S. v. Joesph A. MCLAUGHLIN. CCA 200101809.

No. 02-0719/MC. U.S. v. Justin D. MENSEN. CCA 200100386.

No. 02-0723/MC. U.S. v. Antonio D. MOORE. CCA 200101626.

No. 02-0726/MC. U.S. v. Eric M. NICHOLS. CCA 200101187.

No. 02-0899/AF. U.S. v. Casey M. ARDIS. CCA S30084.

PETITIONS FOR GRANT OF REVIEW FILED

No. 01-0274/AR. U.S. v. Gary F. ALFORD. CCA 9701367.4/

No. 03-0058/AR. U.S. v. Llewellyn P. HANNIGAN III. CCA 20020184.

No. 03-0059/AR. U.S. v. Justin R. FISHER. CCA 20000024.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 02-8028/NA. United States, appellee, v. Norbert Basil MacLEAN, III, appellant. CCA 92-2821. On consideration of the writ-appeal petition and appellant’s motion to attach appellant’s declaration in support of writ-appeal petition, motion to attach documents as exhibits to the writ-appeal, motion for leave to submit two additional authorities, and a pleading which this Court construes as a motion for default judgement, it is ordered that the motion to attach declaration in support of writ-appeal petition is granted; that the motion to attach documents as exhibits is granted; that the motion for leave to submit two additional authorities is granted; that the motion for default judgement is denied; and that the writ-appeal petition is denied.

INTERLOCUTORY ORDERS

No. 02-0505/AF. U.S. v. Daniel J. MCDOWELL. CCA 34448. Appellant's motion to add additional issue (Issue X) to appellant's supplement to petition for grant of review granted.

No. 02-0941/AR. U.S. v. Wilson L. McCRIMMON. CCA 20000075. Appellant's motion to extend time to file supplement to petition for grant of review granted to November 22, 2002.

No. 02-0946/AR. U.S. v. Larry A. FRAKE. CCA 9900915. Appellant's motion to extend time to file supplement to petition for grant of review granted to November 25, 2002.

No. 02-0949/AR. U.S. v. Gregory G. RORIE. CCA 20000964. Appellant's motion to extend time to file supplement to petition for grant of review granted to December 2, 2002.

No. 02-0955/AR. U.S. v. Raphelito G. WELLINGTON. CCA 9900782. Appellant's motion to extend time to file supplement to petition for grant of review granted to December 2, 2002.

________
1/ SULLIVAN, Senior Judge (dissenting)*:

I would grant review of Issue III raised by appellant:

III. WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED WHEN IT CONCLUDED THAT CERTAIN PORTIONS OF TRIAL COUNSEL'S SENTENCING ARGUMENT WERE NOT HARMFUL ERROR. *Senior Judge Eugene R. Sullivan took final action in this case prior to October 1, 2002.

2/ SULLIVAN, Senior Judge (dissenting)*:

I would grant review of Issue II raised by appellant:

II. WHETHER THE LOWER COURT IMPROPERLY CONSIDERED THE FACTS AND CIRCUMSTANCES OF CHARGE II AND CHARGE III (CHARGES SET ASIDE BY THE LOWER COURT) WHEN REASSESSING APPELLANT'S SENTENCE. *Senior Judge Eugene R. Sullivan took final action in this case prior to October 1, 2002.

3/ SULLIVAN, Senior Judge (dissenting)*:

I would grant review of Issues I and II raised by appellant:

I. DO DOUBLE JEOPARDY PRINCIPLES UNDER THE FIFTH AMENDMENT BAR THE COURT-MARTIAL OF A SOLDIER WHO HAS (1) ENTERED INTO A PRETRIAL DIVERSION AGREEMENT WITH THE DISTRICT OF COLUMBIA, A FEDERAL ENTITY FOR THE SAME MISCONDUCT, AND (2) SATISFIED THE TERMS OF THAT AGREEMENT?

II. DO PRINCIPLES OF CONTRACT LAW PREVENT A SOVEREIGN FROM PROSECUTING APPELLANT AFTER HE SUCCESSFULLY COMPLETES A PRETRIAL DIVERSION AGREEMENT ENTERED INTO BY REPRESENTATIVES OF THAT SAME SOVEREIGN FOR THE SAME CONDUCT?


*Senior Judge Eugene R. Sullivan took final action in this case prior to October 1, 2002.

4/ Second petition filed in this case.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-017
Friday, October 25, 2002

PETITIONS FOR GRANT OF REVIEW DENIED

No. 02-0660/AR. U.S. v. Gary C. DICKSON. CCA 9900726.

No. 02-0663/AR. U.S. v. Michael J. RAUCH. CCA 20000114.

No. 02-0677/MC. U.S. v. Martin BARROSO. CCA 200101646.

No. 02-0728/MC. U.S. v. Eric H. OLESON. CCA 200101719.

No. 02-0740/MC. U.S. v. Travis R. STILLWELL. CCA 200102176.

No. 02-0755/MC. U.S. v. Blake L. ZEIGLER. CCA 200200218.

No. 02-0756/MC. U.S. v. Bing XIAO. CCA 200101540.

No. 02-0815/AF. U.S. v. Gabriel N. SHERMAN. CCA 34367.

No. 02-0817/AF. U.S. v. Stephen D. POUNCEY. CCA 34497.

No. 02-0877/AR. U.S. v. Joseph P. RENDULIC. CCA 20010427.

No. 02-0883/AF. U.S. v. Scott A. EMARD. CCA 34960.

No. 02-0887/AF. U.S. v. Dwayne A. TIPPERY. CCA 34958.

No. 02-0900/AF. U.S. v. Rashaad M. BESTER. CCA 35082.

No. 02-0903/AF. U.S. v. Hilton L. MULLIS. CCA 35142.

No. 02-0907/AF. U.S. v. David L. WILLIAMS. CCA 35077.

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0057/AR. U.S. v. Richard GALLOZA. CCA 20000294.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-016
Thursday, October 24, 2002

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0055/NA. U.S. v. Kinshasa G. BOBB. CCA 200200483.

No. 03-0056/MC. U.S. v. Sean M. WILLIAMS. CCA 200200783.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-015
Wednesday, October 23, 2002

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0051/AR. U.S. v. Abdurrasheed S. MUHAMMAD. CCA 20010215.

No. 03-0052/AR. U.S. v. Jorge A. AGUILAR. CCA 20010598.

No. 03-0053/MC. U.S. v. Rosemary PALFY. CCA 200001906.

No. 03-0054/MC. U.S. v. Philip J. HANLEY. CCA 200101538.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-014
Tuesday, October 22, 2002

ORDERS GRANTING PETITION FOR REVIEW

No. 02-0865/MC. U.S. v. Enrique BARRAZAMARTINEZ. CCA 200101575. Review granted on the following issues:

I. WHETHER TRIAL COUNSEL COMMITTED PLAIN ERROR WHEN HE REFERRED TO AMERICA'S "WAR ON DRUGS" AND CALLED APPELLANT A "TRAITOR" DURING HIS PRESENTENCING ARGUMENT BEFORE MEMBERS.

II. WHETHER APPELLANT'S SENTENCE TO ELEVEN YEARS' CONFINEMENT AND A DISHONORABLE DISCHARGE IS HIGHLY DISPARATE COMPARED TO HIS ALLEGED CO-CONSPIRATOR'S SENTENCE OF FOUR YEARS' CONFINEMENT AND A BAD-CONDUCT DISCHARGE.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 02-0661/MC. U.S. v. Juan L. CRUZ. CCA 200001838.

No. 02-0680/MC. U.S. v. Michael R. BORDEAUX. CCA 200200248.

No. 02-0714/MC. U.S. v. Cynthia G. MARTINEZ. CCA 200101813.

No. 02-0720/MC. U.S. v. Dustin MERRILL. CCA 200200186.

No. 02-0736/MC. U.S. v. Harold C. ROWE. CCA 200101532.

No. 02-0741/MC. U.S. v. Johnathan D. STOUT. CCA 200101694.

No. 02-0746/MC. U.S. v. Christopher J. VARGAS. CCA 200200137.

No. 02-0747/MC. U.S. v. Ramiro A. VILLALOBOS. CCA 200200044.

No. 02-0748/MC. U.S. v. Jason M. WEEMS. CCA 200200154.

No. 02-0749/MC. U.S. v. Jacob D. WELLS. CCA 200001856.

No. 02-0753/MC. U.S. v. Temesgen G. YOHANNES. CCA 200100667.

No. 02-0875/AR. U.S. v. Trevor E. WAITE. CCA 20000187.

No. 02-0905/AF. U.S. v. Brant W. VOLLENDORF. CCA 35141.

No. 02-0906/AF. U.S. v. Timothy P. WELCH. CCA 35076.

No. 02-0913/AF. U.S. v. Justin W. SLAIMAN. CCA 35074.

INTERLOCUTORY ORDERS

No. 00-0327/NA. U.S. v. Miguel E. INONG. CCA 9801667. Appellant's motion to extend time to file supplement to petition for grant of review granted to October 31, 2002.

No. 02-0884/AF. U.S. v. Phillip C. DORMAN. CCA 34237. Appellant's motion to withdraw motion to compel granted.

No. 02-0885/AF. U.S. v. Stephanie R. TRAUM. CCA 34225. Appellee's motion to extend time to file an answer to supplement to petition for grant of review granted to November 22, 2002.

No. 02-0910/MC. U.S. v. Esau K. ROPERBROCKMAN. CCA 200100176. Appellant's motion to attach granted.

No. 02-0931/AR. U.S. v. David H. DONALDSON. CCA 9900544. Appellant's motion to extend time to file supplement to petition for grant of review granted to November 1, 2002.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-013
Monday, October 21, 2002

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0045/AR. U.S. v. Insley D. EVANS. CCA 20001106.

No. 03-0046/AR. U.S. v. Jason D. GIBSON. CCA 20010825.

No. 03-0047/AR. U.S. v. Adam BOWLES. CCA 20020089.

No. 03-0048/AR. U.S. v. Jeremy S. TUBBS. CCA 9800889.

No. 03-0049/AF. U.S. v. Scott H. HENDERSON. CCA 34804.

No. 03-0050/AF. U.S. v. Melanie C. SKEENS. CCA 34800.

INTERLOCUTORY ORDERS

No. 02-0212/AF. U.S. v. Lawrence E. JOSEY. CCA 33745. Appellant's motion to submit documents and request for judicial notice granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-012
Friday, October 18, 2002

PETITIONS FOR GRANT OF REVIEW DENIED

No. 02-0651/MC. U.S. v. Stephen H. DAWSON. CCA 88-4684.

No. 02-0662/AR. U.S. v. Devin R. SHACKLEFORD. CCA 20000819.

No. 02-0733/MC. U.S. v. Michael T. RAPPONOTTI. CCA 200200133.

No. 02-0737/MC. U.S. v. Christopher SALDANA. CCA 200200107.

No. 02-0739/MC. U.S. v. Samuel D. STANFIELD. CCA 200200155.

No. 02-0743/MC. U.S. v. Brenton D. TAYLOR. CCA 200101695.

No. 02-0813/MC. U.S. v. Ian R. PITKOFF. CCA 9901328.

No. 02-0841/MC. U.S. v. Jacob F. PAYNE. CCA 200101212.

No. 02-0869/AF. U.S. v. Zachary C. WEATHERS. CCA S29986.

No. 02-0878/AR. U.S. v. Vincente D. BASTIDAS. CCA 20000902.

No. 02-0902/AF. U.S. v. Carl D. HICKS. CCA S30093.

No. 02-0914/AF. U.S. v. Alfredo C. WILLIAMS. CCA 35045.

No. 02-6002/NA. U.S. v. Travis D. GREENE. CCA 200102232.

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0031/AR. U.S. v. Erik S. SMITH. CCA 20010539.

No. 03-0032/AR. U.S. v. James H. COLTON. CCA 20010605.

No. 03-0033/AF. U.S. v. Garrick G. BATLEY. CCA 34944.

No. 03-0034/AF. U.S. v. Terrance R. BROOKS. CCA S30027.

No. 03-0035/AF. U.S. v. Brian D. BUCHAN. CCA 35086.

No. 03-0036/AF. U.S. v. Brian C. CROCKER. CCA 34797.

No. 03-0037/AF. U.S. v. Michael A. GARRETT. CCA S30095.

No. 03-0038/AF. U.S. v. Alexander D. FERGUSON. CCA 35173.

No. 03-0039/AF. U.S. v. Daniel S. JOHNSTON. CCA 35132.

No. 03-0040/AF. U.S. v. Eduardo PUENTES. CCA 35012.

No. 03-0041/AF. U.S. v. Heather L. PULCINI. CCA 34813.

No. 03-0042/AF. U.S. v. Kristen R. ROBERTS. CCA 34803.

No. 03-0043/AF. U.S. v. Scott S. SHEPHERD. CCA 34766.

No. 03-0044/AF. U.S. v. Timothy A. WHEAT. CCA S30133.

INTERLOCUTORY ORDERS

No. 01-0664/AR. U.S. v. Dennis P. COLLINS. CCA 9900937. Appellee's motion to extend time to file brief granted to November 1, 2002.

No. 02-0548/MC. U.S. v. Joseph J. YOUNG. CCA 200101410. Appellant's motion to file supplement to petition for grant of review out of time granted.

No. 02-0910/MC. U.S. v. Esau K. ROPERBROCKMAN. CCA 200100176. Appellant's motion to file supplement to petition for grant of review out of time granted.

No. 02-0916/AR. U.S. v. Matt M. POWELL II. CCA 20000741. Appellant's motion to extend time to file supplement to petition for grant of review granted to November 15, 2002.

No. 02-0917/MC. U.S. v. Edwin D. KINDER. CCA 200102114. Appellant's motion to file supplement to petition for grant of review out of time granted.

No. 02-0920/AF. U.S. v. Tyler W. WEST. CCA 34520. Appellee's motion to file answer to supplement to petition for grant of review out of time granted.

No. 02-0921/AR. U.S. v. John E. FARRISH. CCA 9601617. Appellant's motion to extend time to file supplement to petition for grant of review granted to November 18, 2002.

No. 02-0923/AR. U.S. v. Gary J. STERLING. CCA 20000008. Appellant's motion to extend time to file supplement to petition for grant of review granted to November 18, 2002.

No. 02-0934/NA. U.S. v. Jermaine D. BLACKWELL. CCA 200100076. Appellant's motion to extend time to file supplement to petition for grant of review granted to November 18, 2002.

No. 02-0937/AR. U.S. v. Wayne E. PARKER. CCA 9600945. Appellant's motion to extend time to file supplement to petition for grant of review granted to November 18, 2002.

No. 02-0947/AR. U.S. v. David A. TODD. CCA 9800458. Appellant's motion to extend time to file supplement to petition for grant of review granted to November 25, 2002.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-011
Thursday, October 17, 2002

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0027/NA. U.S. v. Jose M. REGUEIRO. CCA 200200876.

No. 03-0028/MC. U.S. v. John S. RAWLINGS. CCA 200200447.

No. 03-0029/AR. U.S. v. Annie R. MACK. CCA 9900146.

No. 03-0030/AR. U.S. v. Bryan BAKER. CCA 20000663.

INTERLOCUTORY ORDERS

No. 02-0876/AR. U.S. v. Dennis MCMAHON. CCA 9901020. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including November 6, 2002; and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 02-0884/AF. U.S. v. Phillip C. DORMAN. CCA 34237. Appellee's motion to submit corrected brief granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-010
Wednesday, October 16, 2002

HEARINGS

No. 02-0168/CG. U.S. v. Daniel R. PERRON. CCA 1115.

No. 02-0186/AF. U.S. v. Tomal R. THOMPKINS. CCA 33630.

No. 02-0264/AF. U.S. v. Aaron J. GUDMUNDSON. CCA S29944.

No. 02-0313/AF. U.S. v. Sonya R. VAUGHAN. CCA 34107.

ORDERS GRANTING PETITION FOR REVIEW

No. 02-0513/AR. U.S. v. Juan F. DIAZ Jr. CCA 9900768. Review granted on the following issues:

I. WHETHER THE MILITARY JUDGE ERRED IN ALLOWING GOVERNMENT EXPERTS TO TESTIFY REGARDING PRIOR INSTANCES OF ALLEGED MISCONDUCT.

II. WHETHER THE MILITARY JUDGE ERRED IN DENYING THE DEFENSE MOTION FOR A MISTRIAL FOLLOWING THE IMPROPER TESTIMONY OF TWO GOVERNMENT WITNESSES.

III. WHETHER THE MILITARY JUDGE ERRED IN FAILING TO SUPPRESS APPELLANT'S STATEMENTS, OBTAINED BY CPT TREMAINE IN VIOLATION OF APPELLANT'S RIGHT UNDER ARTICLE 31, UCMJ, SOLELY BECAUSE OF CPT TREMAINE'S STATUS AS A MEDICAL DOCTOR.

IV. WHETHER APPELLANT'S RIGHT TO DUE PROCESS WAS VIOLATED WHEN THE MILITARY JUDGE ERRONEOUSLY FAILED TO SUPPRESS APPELLANT'S STATEMENTS TO MS. AMLIN WHERE
 

(1) SUCH STATEMENTS WERE NOT PRECEDED BY ARTICLE 31 WARNINGS WHICH WERE REQUIRED TO BE GIVEN SINCE MS. AMLIN WAS ACTING AS AN INSTRUMENTALITY OF THE MILITARY;

(2) ARMY REGULATION 608-18 REQUIRES THAT SOCIAL WORKERS PROVIDE ARTICLE 31 WARNINGS PRIOR TO QUESTIONING A SOLDIER ABOUT DOMESTIC ABUSE AND SUCH REGULATION WAS INTENDED TO CONFER A SUBSTANTIAL RIGHT ON THE ACCUSED; AND

(3) WHERE SUCH STATEMENTS WERE UNLAWFULLY INDUCED IN VIOLATION OF ARTICLE 31(d) AND THE FIFTH AMENDMENT PROHIBITION AGAINST COMPULSORY SELF-INCRIMINATION THROUGH THE REMOVAL OF APPELLANT'S DAUGHTER FROM HIS CUSTODY BY CHILD PROTECTIVE SERVICES TWO YEARS BEFORE AND BY THE THREAT THAT IF HE DID NOT CONFESS TO INTENTIONALLY HARMING HIS DAUGHTER HIS PARENTAL RIGHTS WOULD BE PERMANENTLY TERMINATED.

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0025/AR. U.S. v. Kenji M. MAPES. CCA 9900592.

No. 03-0026/NA. U.S. v. Dwayne E. HAASTRUP. CCA 200101969.

INTERLOCUTORY ORDERS

No. 02-0270/AF. U.S. v. Michael J. MAHONEY. CCA 34209. On consideration of the motion filed by the United States for a protective order prohibiting further disclosure or dissemination of portions of the materials examined by appellate defense counsel and the motion to file a proposed protective order, it is ordered that said motion to file the proposed protective order is granted; that the motion for a protective order is granted as follows:

Appellate defense counsel will be permitted to examine all the materials previously sealed by the Air Force Court of Criminal Appeals, pursuant to the order of this Court dated September 10, 2002.

After examining the aforementioned material, appellate defense counsel, appellant, appellant’s representative, or any other person is prohibited, in the absence of an order from this Court, from further disclosure or dissemination of the information contained in the following:

a. Paragraphs 4a and 4b (except for the last sentence of paragraph 4b), of the memorandum from 21 SW/SA to 14 AF/JA, dated 21 April 1999;

b. Memorandum for the record from Capt Bruno, dated 7 Apr 99;

c. Memorandum from 21 SW/JA to Lt Col James Swaby, dated 5 April 1999.

Should appellate defense counsel request, in good faith, copies of any of the materials examined, the United States will redact paragraphs 4a and 4b (except for the last sentence of paragraph 4b), of the memorandum from 21 SW/JA to 14 AF/JA, dated 21 April 1999, prior to providing copies of the memorandum to the appellant, his counsel or representative;

Appellant, his counsel or representative, or any other person is prohibited, in the absence of an order from this Court, from further disclosure, discussion, or dissemination of any copy of:

a. The unredacted version of the memorandum from 21 SW/JA to 14 AF/JA, dated 21 April 1999, or any information contained in paragraphs 4a and 4b (with the exception of the final sentence of paragraph 4b) of the memorandum;

b. The information contained in the memorandum for record from Capt Bruno, dated 7 Apr 99; and

c. The information contained in the memorandum from 21 SW/JA to Lt Col James Swaby, dated 5 April 1999.

After appellate defense counsel has had the opportunity to examine the unredacted version of the memorandum from 21 SW/JA to 14 AF/JA, dated 21 April 1999, the memorandum for record from Capt Bruno, dated 7 Apr 99, and the memorandum from 21 SW/JA to Lt Col Swaby, dated 5 April 1999, these three items will be sealed.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-009
Tuesday, October 15, 2002

HEARINGS

No. 02-0094/MC. U.S. v. Charles E. TEFFEAU. CCA 9900322.

No. 02-0212/AF. U.S. v. Lawrence E. JOSEY. CCA 33745.

No. 02-0229/AF. U.S. v. Jeremy K. EDWARDS. CCA S29885.

No. 02-6001/NA. U.S. v. Gregory J. COOPER. CCA 200101867.

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0014/AR. U.S. v. John A. BLECHA III. CCA 20020306.

No. 03-0018/AR. U.S. v. James P. BORDEAUX. CCA 9901016.

No. 03-0019/AR. U.S. v. Michael P. YOCUM. CCA 20020062.

No. 03-0020/AR. U.S. v. Doerian H. JOHNSON. CCA 9801235.

No. 03-0021/AF. U.S. v. Michael J. CRAWFORD. CCA 34908.

No. 03-0022/AF. U.S. v. Julian LATORRE. CCA 34670.

No. 03-0023/AF. U.S. v. Christina J. PUGH. CCA 35078.

No. 03-0024/AF. U.S. v. Steven TSCHIP. CCA S30016.

INTERLOCUTORY ORDERS

No. 02-0212/AF. U.S. v. Lawrence E. JOSEY. CCA 33745. Appellant's motions to submit documents and request judicial notice and to submit corrected brief are granted.

No. 03-6001/AF. U.S. v. Kenneth B. PLANTS. CCA 2002-03. On consideration of the petition for grant of review filed by counsel for the appellant on October 9, 2002, under Rule 19(a)(5)(B), Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, and docketed under Docket Number 03-0014/AF, and it appearing that said petition is in fact a petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals on appeal by the United States under Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862, it is ordered that Docket Number 03-6001/AF be forthwith assigned to this case; that Docket Number 03-0014/AF be removed from this case and reassigned in due course to an appropriate newly filed petition; and that the Clerk of the Court and counsel for both parties herein promptly ensure that the new docket number assigned to this case be noted on all pleadings filed to date in this matter.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-008
Friday, October 11, 2002

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0016/AF. U.S. v. John A. CARRILLO. CCA 34876.

No. 03-0017/AF. U.S. v. Kenyatta D. JACKSON. CCA 34468.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-007
Wednesday, October 09, 2002

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

No. 02-0627/MC. U.S. v. Anthony T. JAMES. CCA 200001284. 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 United States v. Tardif, 57 M.J. 219 (2002), we conclude that a remand is necessary so that the court below can exercise its authority under Article 66(c), Uniform Code of Military Justice (UCMJ), 10 USC § 866(c), to determine whether relief is warranted and, if so, what relief should be granted. Accordingly, 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 the Court of Criminal Appeals for further consideration in light of Tardif, supra. Thereafter, Article 67, UCMJ, 10 USC § 867, will apply.

SULLIVAN, Senior Judge (dissenting)*: I dissent. See United States v. Tardif, 57 M.J. 219, 228-230 (2002) (Sullivan, S.J., dissenting).

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0014/AF. U.S. v. Kenneth B. PLANTS. CCA 2002-03.

No. 03-0015/AR. U.S. v. Jeremy L. BRITTENUM. CCA 9800602.

INTERLOCUTORY ORDERS

No. 02-0212/AF. U.S. v. Lawrence E. JOSEY. CCA 33745. Appellee's motions to answer appellant's motion to submit documents out of time is granted; motion to return record for a fact-finding hearing in accordance with United States v. DuBay, 17 USCMA 147, 37 CMR 411 (CMA 1967), is denied at this time without prejudice to appellee’s right to argue for such a disposition at oral argument; and motion to postpone argument is denied.

________

* Senior Judge Eugene R. Sullivan took final action on this case prior to October 1, 2002.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-006
Tuesday, October 08, 2002

ORDERS GRANTING PETITION FOR REVIEW

No. 02-0851/AF. U.S. v. Daniel L. RASNICK. CCA S30004. Review granted on the following issue:

WHETHER THE MILITARY JUDGE ERRED BY REFUSING TO INSTRUCT THE MEMBERS THAT A PUNITIVE DISCHARGE IS AN "INERADICABLE" STIGMA WHERE THE ONLY REASON FOR THE REFUSAL WAS THE MILITARY JUDGE'S MISTAKEN BELIEF THAT THE WORD "INERADICABLE" WAS AN INCORRECT STATEMENT OF THE LAW AND OVERSTATED THE NEGATIVE IMPACT OF SUCH A DISCHARGE.
INTERLOCUTORY ORDERS

No. 02-0212/AF. U.S. v. Lawrence E. JOSEY. CCA 33745. Appellant's motion to submit documents and request for judicial notice granted.

No. 02-6003/MC. U.S. v. Stan J. STARR. CCA 200001253. Appellant's motion for stay of proceedings granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-005
Monday, October 07, 2002

APPEALS - SUMMARY DISPOSITIONS

No. 02-0359/NA. U.S. v. John M. GILBERT. CCA 200000668. On further consideration of the granted issue, the Court has determined that further fact-finding is necessary. Accordingly, it is ordered that the decision of the U.S. 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. Upon remand, the court below will determine the facts raised by the following questions and address those questions in deciding the issues in the case:

1. Did the appellant receive the Defense Finance and
Accounting Service (DFAS) letter of September 7,1999?

2. Did the appellant or his father submit DD Form 137-3
to DFAS?

3. Was the trial counsel aware of the determination of
DFAS at the time of trial?

4. Was the trial defense counsel aware of the
determination of DFAS at the time of trial?

5. Was the convening authority aware of the
determination of DFAS at the time of trial?

6. Did appellate defense counsel seek
reconsideration of the determination of DFAS?

7. What communications took place, if any, between
the appellant and his father concerning the
father’s failure to receive any money?

8. Has the appellant applied or reapplied for the
waived forfeitures to be paid to appellant’s
father? If not, why has the appellant not
applied with the assistance of appellate
defense counsel?

Should the court determine that a limited rehearing is necessary pursuant to United States v. DuBay, 17 C.M.A. 147, 37 C.M.R. 411 (1967), to answer the above questions, the court is authorized to order such a hearing. Upon completion of the review of the case by the Court of Criminal Appeals, Article 67, Uniform Code of Military Justice, 10 USC § 867, will apply.

No. 02-0472/AF. U.S. v. Daniel J. GREENFIELD. CCA 34446. Review granted on the following issue:

III

WHETHER IT IS UNCLEAR IF THE COURT OF CRIMINAL APPEALS FOLLOWED THE CORRECT PRECEDENTS IN DETERMINING WHETHER TO REASSESS THE SENTENCE OR TO AUTHORIZE A SENTENCE REHEARING IN THIS CASE. That the decision of the United States Air Force Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Air Force for remand to the Air Force Court of Criminal Appeals for clarification of its decision in light of "United States v. Sills, 56 MJ 556, 567-71 (A.F.Ct.Crim.App. 2001), set aside on other grounds, No. 02-0048/AF (15 January 2002)(per curiam citation)" (reported at 56 MJ 239). Thereafter, Article 67, Uniform Code of Military Justice, 10 USC § 867, shall apply. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

ORDERS GRANTING PETITION FOR REVIEW

No. 02-0472/AF. U.S. v. Daniel J. GREENFIELD. CCA 34446. [See also APPEALS – SUMMARY DISPOSITIONS this date.]

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0010/AR. U.S. v. Lance C. MALONE. CCA 20010156.

No. 03-0011/AR. U.S. v. Jasen E. BEEMER. CCA 9900989.

No. 03-0012/AF. U.S. v. Charles E. FRAVEL. CCA 34555.

No. 03-0013/AF. U.S. v. Christopher R. RYAN. CCA S30100.

INTERLOCUTORY ORDERS

No. 98-0646/AR. U.S. v. John A. WEISBECK. CCA 9502215. Appellant's motion for extension of time to file supplement to petition for grant of review granted to November 4, 2002.

No. 02-0825/NA. U.S. v. William H. EPPERSON. CCA 200100687. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including October 23, 2002; and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 02-0860/AR. U.S. v. Joshua P. MATTLAGE. CCA 9900388. Appellant's motion for leave to file supplement to petition for grant of review out of time granted.

No. 02-0895/AR. U.S. v. Rochester THOMAS. CCA 9800139. Appellant's motion to extend time to file supplement to petition for grant of review granted to November 6, 2002.

No. 02-8030/NA. U.S. v. Donavon L. TAYLOR. CCA 200201419. Appellee's motion to request dismissal of the United States as a party to appellant's petition for grant of review of the United States Navy-Marine Corps Court of Criminal Appeals decision on application for extraordinary relief and motion for enlargement are denied as moot.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-004
Friday, October 04, 2002

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

No. 02-0670/MC. U.S. v. David A. HAMMOND. CCA 200101535. Appellant's motion to withdraw petition for grant of review granted.

No. 02-0675/MC. U.S. v. Jarrett A. ADAMS. CCA 200101664. Appellant's motion to withdraw petition for grant of review granted.

No. 02-0679/MC. U.S. v. Marcus BETTENCOURT. CCA 200100669. Appellant's motion to withdraw petition for grant of review granted.

No. 02-0686/MC. U.S. v. Michael A. CUNDY Jr. CCA 200200164. Appellant's motion to withdraw petition for grant of review granted.

No. 02-0704/MC. U.S. v. James L. HOUSTON. CCA 200200063. Appellant's motion to withdraw petition for grant of review granted.

No. 02-0710/MC. U.S. v. Leslie C. LEACH. CCA 200102112. Appellant's motion to withdraw petition for grant of review granted.

No. 02-0732/MC. U.S. v. Jason C. QUIMBEY. CCA 200102037. Appellant's motion to withdraw petition for grant of review granted.

No. 02-0738/MC. U.S. v. Thomas A. SCHAUMLEFFEL. CCA 200101518. Appellant's motion to withdraw petition for grant of review granted.

No. 02-0742/MC. U.S. v. Mario L. TACU. CCA 200101631. Appellant's motion to withdraw petition for grant of review granted.

No. 02-0752/MC. U.S. v. Keith E. WILSON. CCA 200101747. Appellant's motion to withdraw petition for grant of review granted.

No. 02-0754/MC. U.S. v. Christopher D. ZAHM. CCA 200101604. Appellant's motion to withdraw petition for grant of review granted.

PETITIONS FOR GRANT OF REVIEW FILED

No. 00-0559/AF. U.S. v. David E. GILLEY. CCA 32877.*/

No. 03-0009/AF. U.S. v. Rebecca A. PENCE. CCA S29962.

________

*/ Second petition filed this case.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 02-8030/NA. United States, appellee, v. Donavon L. TAYLOR, appellant. CCA 200201419. Writ-appeal petition and motion for a stay of proceedings denied; appellee’s motion to request permission to respond to appellant’s motion denied as moot.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-003
Thursday, October 03, 2002

APPEALS - SUMMARY DISPOSITIONS

No. 01-0859/AF. U.S. v. Branden P. CARPOFF. CCA S29860. On further consideration of the granted issue, it is ordered that the decision of the United States Air Force Court of Criminal Appeals is affirmed.

SULLIVAN, Senior Judge (concurring): I concur. SeeUnited States v. Key, 57 MJ 246, 255 (2002) (Sullivan, S.J., concurring in part and in the result).*

* Senior Judge Sullivan took action on this case prior to October 1, 2002.

No. 02-0077/AR. U.S. v. Christopher R. KLINGENSTEIN. CCA 20000178. On further consideration of the specified issue in light of United States v. Tardif, 57 MJ 219 (2002), and United States v. Shepperd, ___ MJ ___ (2002)(Daily Journal August 30, 2002), we conclude that a remand is necessary so that the court below can exercise its authority under Article 66(c), Uniform Code of Military Justice (UCMJ), 10 USC § 866(c), to determine whether relief is warranted and, if so, what relief should be granted. Accordingly, it is ordered that this Court’s order of February 28, 2002, granting review of the specified issue is hereby vacated; and that the decision of the United States Army Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals for further consideration in light of Tardif, supra. Thereafter, Article 67, UCMJ, 10 USC § 867, will apply.

SULLIVAN, Senior Judge (dissenting): I dissent. SeeUnited States v. Tardif, 57 MJ 219, 228-230 (2002) (Sullivan, S.J., dissenting).*

* Senior Judge Sullivan took action on this case prior to October 1, 2002.

No. 02-0269/AF. U.S. v. Thomas C. DUNN. CCA 34085. On further consideration of the granted issue, it is ordered that the decision of the United States Air Force Court of Criminal Appeals is affirmed.

SULLIVAN, Senior Judge (concurring): I concur. SeeUnited States v. Key, 57 MJ 246, 255 (2002) (Sullivan, S.J., concurring in part and in the result).*

* Senior Judge Sullivan took action on this case prior to October 1, 2002.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 02-0757/AR. U.S. v. Kevin L. JONES. CCA 20010212.

No. 02-0771/AF. U.S. v. Aaron M. BUCKNER. CCA 34537.

No. 02-0792/AF. U.S. v. Michael E. HOWARD. CCA 34398.

No. 02-0826/MC. U.S. v. Joshua T. REID. CCA 200000201.

No. 02-0839/AR. U.S. v. Jessica M. GREAR. CCA 20010853.

No. 02-0858/NA. U.S. v. Jennifer R. KRAMER. CCA 200200325.

No. 02-0862/AR. U.S. v. Damien M. BAILEY. CCA 20000817.

No. 02-0863/NA. U.S. v. James T. PERKINS. CCA 200200714.

No. 02-0871/NA. U.S. v. James R. BUNDY. CCA 200100298.

No. 02-0880/AF. U.S. v. Joseph K. VAIL. CCA 34708.

No. 02-0889/AR. U.S. v. Cesar R. BONILLA-CACERES. CCA 9901195.

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

No. 02-0664/MC. U.S. v. Lloyd A. GALLEGOS. CCA 86-2668. Appellant's motion for stay of proceedings is denied; and that the petition for grant of review is dismissed.

No. 02-0799/NA. U.S. v. Matthew D. DEAN. CCA 200101509. Appellant's motion to withdraw petition for grant of review granted.

No. 02-0866/AF. U.S. v. Robert J. CONE. CCA 34576. Appellant's motion to withdraw petition for grant of review granted.

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0007/AR. U.S. v. Essex V. DEBERRY. CCA 9900722.

No. 03-0008/AR. U.S. v. Juan Y. BOWIE. CCA 20010540.

INTERLOCUTORY ORDERS

No. 02-6003/MC. U.S. v. Stan J. STARR. CCA 200001253. On consideration of the petition for grant of review filed by counsel for appellant on September 23, 2002, under Rule 19(a)(5)(B), Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, and docketed under Docket Number 02-0943/MC, and now appearing that said petition is in fact a petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals on appeal by the United States under Article 62,Uniform Code of Military Justice, 10 USC § 862, it is ordered that Docket Number 02-6003/MC be forthwith assigned to this case; that Docket Number 02-0943/MC be removed from this case and will not be assigned to any case in the future; that the Clerk of Court and counsel for both parties herein promptly ensure that the new docket number assigned in this case be noted on all pleadings filed to date in this matter; and that appellee shall file an answer in accordance with Rule 21(c)(1) on or before October 15, 2002.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-002
Wednesday, October 02, 2002

PETITIONS FOR GRANT OF REVIEW DENIED

No. 02-0549/NA. U.S. v. Derrian M. GATES. CCA 200100658.

No. 02-0572/MC. U.S. v. Craig R. SWEENY. CCA 200001899.

No. 02-0575/NA. U.S. v. Ryan W. SORRELS. CCA 200001505.

No. 02-0576/MC. U.S. v. Mark J. NEVEU. CCA 200101208.

No. 02-0646/AR. U.S. v. Courtney L. MUSGRAVES. CCA 9801555.

No. 02-0666/MC. U.S. v. Shannon R. BURTON. CCA 200200127.

No. 02-0667/MC. U.S. v. Carlos J. GARCIA. CCA 200102173.

No. 02-0674/AF. U.S. v. Todd J. MARSHALL. CCA 34805.

No. 02-0761/MC. U.S. v. Billy J. ROGERS. CCA 200200132.

No. 02-0762/MC. U.S. v. Craig A. BARTLETT. CCA 200102139.

No. 02-0766/AF. U.S. v. Eric C. WHEELER. CCA 34765.

No. 02-0779/AF. U.S. v. Jeffrey A. JERNIGAN. CCA 34968.

No. 02-0824/AR. U.S. v. Michael D. CHRISTOPHER. CCA 20010883.

No. 02-0845/AF. U.S. v. Bryan W. BURTON. CCA 34983.

No. 02-0864/MC. U.S. v. Abraham KHAN. CCA 200101179.

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0004/AF. U.S. v. Jason D. KREMHELMER. CCA 34786.

No. 03-0005/AF. U.S. v. Douglas J. LAMOUNTAIN. CCA 34681.

No. 03-0006/AF. U.S. v. Frederick C. RILES. CCA S30130.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 03-001
Tuesday, October 01, 2002

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0001/MC. U.S. v. David E. CASTILE. CCA 200200649.

No. 03-0002/NA. U.S. v. John R. WALKER. CCA 200100692.

No. 03-0003/MC. U.S. v. Darren P. LACHENEY. CCA 200101516.


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