UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 04-038
Friday, November 28, 2003

ORDERS GRANTING PETITION FOR REVIEW

No. 03-0561/AR. U.S. v. William A. BYRD. CCA 9901101. Review granted on the following issue:

WHETHER THE MILITARY JUDGE ERRED IN ALLOWING MRS. [N. B.], A LAY WITNESS, TO OFFER INADMISSIBLE OPINION TESTIMONY REGARDING THE MEANING OF SGT. BYRD’S LETTERS.
PETITIONS FOR GRANT OF REVIEW DENIED

No. 03-0567/AR. U.S. v. Mason G. HICKLAND. CCA 9900822.

No. 03-0616/MC. U.S. v. James S. STEUDL. CCA 200201625.

PETITIONS FOR GRANT OF REVIEW FILED

No. 04-0160/AR. U.S. v. Darrin L. PRUDE. CCA 20010119.

INTERLOCUTORY ORDERS

No. 03-0473/NA. U.S. v. Troy B. JENKINS. CCA 200101151. Appellant's motion to extend time to file final brief granted up to and including December 5, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 03-0658/MC. U.S. v. Jeffrey M. ARNOLD. CCA 200300446. On consideration of Appellant’s motion to file supplement to petition for grant of review out of time, it is ordered that appellate defense counsel file a motion to file out of time which complies with the requirements of United States v. Ortiz, 24 M.J. 323 (C.M.A. 1987), and why he was unaware of the due date, on or before December 15, 2003.

No. 03-0690/MC. U.S. v. Brian L. JOHNSON. CCA 200202074. On consideration of Appellant’s motion to file supplement to petition for grant of review out of time, it is ordered that appellate defense counsel file a motion to file out of time which complies with the requirements of United States v. Ortiz, 24 M.J. 323 (C.M.A. 1987), and why he was unaware of the due date, on or before December 15, 2003.

No. 03-0694/AR. U.S. v. Darrell L. SHELTON. CCA 9900816. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including December 16, 2003; 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. 04-037
Wednesday, November 26, 2003

PETITIONS FOR GRANT OF REVIEW DENIED

No. 04-0020/MC. U.S. v. Jason D. CLARK. CCA 200300574.

No. 04-0028/AF. U.S. v. Malachi WILLIAMS. CCA S30375.

No. 04-0054/AR. U.S. v. James M. THOMPSON. CCA 20021054.

No. 04-0072/AR. U.S. v. Paul R. BENSON. CCA 20030273.

PETITIONS FOR GRANT OF REVIEW FILED

No. 03-0207/AF. U.S. v. William BLAKE, Jr. CCA 34482.*/

No. 04-0148/AR. U.S. v. David L. DURDIN. CCA 20030525.

No. 04-0149/AR. U.S. v. Kristy L. FARNSWORTH. CCA 20010738.

No. 04-0150/AR. U.S. v. Julian B. RICHIE. CCA 20021320.

No. 04-0151/AR. U.S. v. Amanda L. SHELLBERG. CCA 20021161.

No. 04-0152/AF. U.S. v. Chadd C. COLLIER. CCA S30358.

No. 04-0153/AF. U.S. v. Christopher T. ESTELLE. CCA 34906.

No. 04-0154/AF. U.S. v. Brandon T. ROGERS. CCA S30288.

No. 04-0155/AF. U.S. v. Renne RODRIGUEZ. CCA S30225.

No. 04-0156/AF. U.S. v. Scott A. ROSE. CCA 34873.

No. 04-0157/AF. U.S. v. Frank SANCHEZ, Jr. CCA 34940.

No. 04-0158/AF. U.S. v. Jason P. SMITH. CCA S30143.

No. 04-0159/NA. U.S. v. Nicholas K. IZZI. CCA 200200674.

__________

*/ Second petition filed in this case.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 04-036
Tuesday, November 25, 2003

PETITIONS FOR GRANT OF REVIEW DENIED

No. 03-0693/AR. U.S. v. Thomas J. MONIS. CCA 20020898.

No. 04-0004/AF. U.S. v. David Z. ARIAS. CCA 35528.

No. 04-0005/AF. U.S. v. Joshua T. ELMORE. CCA 35421.

No. 04-0012/AR. U.S. v. Antoine W. ENSLEY. CCA 20010555.

No. 04-0018/MC. U.S. v. Edgar ANDRADE- GONZALES. CCA 200300597.

No. 04-0019/MC. U.S. v. Shaun PEOPLES. CCA 200202094.

No. 04-0021/MC. U.S. v. Ryan P. NOHALTY. CCA 200300501.

No. 04-0031/AF. U.S. v. Robert G. REEDS. CCA S30237.

No. 04-0033/AF. U.S. v. Christopher L. GRAFFT. CCA 35423.

No. 04-0034/AF. U.S. v. Kahari D. LARRY. CCA S30347.

No. 04-0037/AF. U.S. v. Isaac E. DAVIS, Jr. CCA S30292.

No. 04-0038/AF. U.S. v. Marc D. CONSTANTINO. CCA 35562.

No. 04-0040/AR. U.S. v. William C. BROWNING. CCA 20021007.

No. 04-0043/AR. U.S. v. Anthony M. GRUBBA. CCA 20030063.

No. 04-0045/AR. U.S. v. Benjamin A. MULLIN. CCA 20021381.

No. 04-0047/AR. U.S. v. Jeffrey K. CHALUTO. CCA 20030144.

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

No. 04-0112/AF. U.S. v. Jason I. PETTIT. CCA S30344. Appellant’s motion to withdraw petition for grant of review granted.

PETITIONS FOR GRANT OF REVIEW FILED

No. 04-0147/AR. U.S. v. Aaron D. MOORE. CCA 20021305.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 04-8003/NA. United States, Appellee, v. Justin M. LEWIS, Appellant. CCA 200200089. Writ-appeal petition for review of the United States Navy-Marine Corps Court of Criminal Appeals decision on application for extraordinary relief was filed under Rule 27(b).

Misc. No. 04-8004/AR. Billy J. FULTON, Petitioner, v. United States, Respondent. Petition for extraordinary relief was filed under Rule 27(a) on November 13, 2003 and placed on the docket this date.

INTERLOCUTORY ORDERS

No. 03-0647/AR. U.S. v. Ray T. LEAK. CCA 20000356. Appellant's third motion to extend time to file supplement to petition for grant of review granted up to and including December 3, 2003. No further extension of time will be granted in this case.

No. 04-0014/NA. U.S. v. James A. HENSON. CCA 200100964. On consideration of Appellant's motion to file supplement to petition for grant of review out of time, it is ordered that appellate defense counsel file a motion to file out of time which complies with the requirements of United States v. Ortiz, 24 M.J. 323 (C.M.A. 1987), on or before December 5, 2003.

No. 04-0099/MC. U.S. v. Salvatore A. FALZONE. CCA 200300701. Appellant's motion to extend time to file supplement to petition for grant of review granted to January 5, 2004.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 04-035
Monday, November 24, 2003

ORDERS GRANTING PETITION FOR REVIEW

No. 02-0623/AR. U.S. v. Christopher P. MARTINELLI. CCA 20000311. Review granted on the following issue raised by appellate defense counsel:

I. WHETHER APPELLANT'S GUILTY PLEAS TO SPECIFICATIONS 1, 2, 3 AND 4 OF THE CHARGE WERE IMPROVIDENT BECAUSE THE MILITARY JUDGE PROVIDED AN UNCONSTITUTIONALLY OVERBROAD DEFINITION OF CHILD PORNOGRAPHY AND DID NOT CONDUCT AN ADEQUATE PROVIDENCE INQUIRY, AS REQUIRED BY UNITED STATES V. CARE, 18 U.S.C.M.A. 535, 40 C.M.R. 247 (1969), AND ITS PROGENY. And the following issue specified by the Court: II. WHETHER 18 U.S.C. SECTIONS 2252A(a)(1) - (a)(3) AND(a)(5)(A) APPLY TO CONDUCT ENGAGED IN OUTSIDE THE TERRITORIAL LIMITS OF THE UNITED STATES WHEN CHARGED UNDER CLAUSE 3 OF ARTICLE 134, UCMJ. No. 02-0849/AF. U.S. v. Robert L. MASON, Jr. CCA 34394. Review granted on the following issue raised by appellate defense counsel: I. WHETHER APPELLANT'S PLEAS OF GUILTY TO OFFENSES UNDER 18 U.S.C. SECTION 2252A WERE INVOLUNTARY BECAUSE HE HAD AN INCOMPLETE UNDERSTANDING OF THE OFFENSES WHEN THE MILITARY JUDGE EXPLAINED THE OFFENSES USING THE UNCONSTITUTIONALLY VAGUE AND OVERBROAD DEFINITIONS OF CHILD PORNOGRAPHY CONTAINED IN 18 U.S.C. SECTION 2256. And the following issue specified by the Court: II. IN THE EVENT THAT APPELLANT'S GUILTY PLEA IS IMPROVIDENT TO CHARGE III AND ITS SPECIFICATION UNDER CLAUSE 3 OF ARTICLE 134, WHETHER HIS PLEA IS PROVIDENT AS TO A LESSER-INCLUDED OFFENSE UNDER CLAUSE 1 OR CLAUSE 2 OF ARTICLE 134 IN LIGHT OF ASHCROFT V. FREE SPEECH COALITION, 535. U.S. 234 (2002) AND UNITED STATES V. O'CONNOR, 58 M.J. 450 (C.A.A.F. 2003).
PETITIONS FOR GRANT OF REVIEW FILED

No. 04-0141/AR. U.S. v. Donald C. ELZY Jr. CCA 20020700.

No. 04-0142/AR. U.S. v. Joseph B. VILLASENOR. CCA 20020220.

No. 04-0143/AR. U.S. v. Kiyon H. HARVEY. CCA 20030268.

No. 04-0144/AF. U.S. v. Gary M. BILLIOT. CCA 34878.

No. 04-0145/AF. U.S. v. Andrea L. REEVES. CCA 34730.

No. 04-0146/AF. U.S. v. Paul M. LITTLE, Jr. CCA 34726.

INTERLOCUTORY ORDERS

No. 00-0559/AF. U.S. v. David E. GILLEY. CCA 32877. Appellee's motion to attach documents granted.

No. 02-0457/AR. U.S. v. Brian P. ADAMS. CCA 20000431. The pleading filed by Appellant during initial review of this case by the United States Army Court of Criminal Appeals refers to an "Attachment" containing issues for review personally raised by Appellant under United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982). It appears, however, that no such "Attachment" is contained in the original record of trial and appellate proceedings filed in this Court. It is, therefore, ordered that, on or before December 1, 2003, appellate defense counsel shall file such "Attachment" with the Court, and shall advise the Court whether the document was attached to or omitted from the pleading filed at the Court of Criminal Appeals. The matter filed in response to this order shall be served on counsel for the United States.

No. 03-0224/AF. U.S. v. Kent D. IRVIN. CCA 347561. On further consideration of the petition for grant of review, it is ordered that the petition for grant of review is also granted on the following issue specified by the Court:

WHETHER THE POSSESSION OF VISUAL DEPICTIONS OF MINORS ENGAGING IN SEXUALLY EXPLICIT CONDUCT CAN SERVE AS THE BASIS FOR A CONVICTION UNDER CLAUSE 1 OR CLAUSE 2 OF ARTICLE 134 IN LIGHT OF ASHCROFT V. FREE SPEECH COALITION, 535. U.S. 234 (2002) AND UNITED STATES V. O'CONNOR, 58 M.J. 450 (C.A.A.F. 2003).

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 04-034
Wednesday, November 19, 2003

HEARINGS

No. 03-0211/NA. U.S. v. Brian C. MCDONALD. CCA 200000635.

No. 03-0336/AF. U.S. v. Mark S. JACKSON. CCA 34419.

No. 97-0299/NA. U.S. v. Jorge L. RODRIGUEZ. CCA 95-0776.

APPEALS - SUMMARY DISPOSITIONS

No. 02-0116/AF. U.S. v. Richard F. PERICAS. CCA 33825. 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 hereby 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.]

ORDERS GRANTING PETITION FOR REVIEW

No. 02-0116/AF. U.S. v. Richard F. PERICAS. CCA 33825. [See also APPEALS – SUMMARY DISPOSITIONS this date.]

PETITIONS FOR GRANT OF REVIEW FILED

No. 04-0140/AR. U.S. v. Steven E. ASBURY. CCA 20030367.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 04-033
Tuesday, November 18, 2003

HEARINGS

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

No. 03-0173/AF. U.S. v. Alphonso C. PALMER. CCA 34379.

No. 03-0272/NA. U.S. v. Franklin M. BARTON. CCA 200100732.

INTERLOCUTORY ORDERS

No. 03-0520/AR. U.S. v. Frank J. RONGHI. CCA 20000635. Appellant's motion to extend time to file final brief granted, but only up to and including December 9, 2003; and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 04-0053/AR. U.S. v. Joseph L. REID. CCA 20011077. Appellant's motion to extend time to file supplement to petition for grant of review granted to December 16, 2003.

No. 04-0102/AR. U.S. v. Mitchell F. MCMURRAY. CCA 9900835. Appellee's request for enlargement of time to respond to this Court's order of November 4, 2003, is granted to November 24, 2003.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 04-032
Monday, November 17, 2003

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

No. 03-0139/MC. U.S. v. James L. SMITH. CCA 200100147. Appellee’s motion to remand granted.

CRAWFORD, Chief Judge (dissenting):

Rather than grant the Government’s motion to remand, I would require oral argument to address the following issues.

First, did Appellant waive the issue of improper vacation when he failed to object to the staff judge advocate’s recommendation, which was consistent with the one-step vacation procedure implemented by the convening authority (CA) in this case? See Rule for Courts-Martial [hereinafter R.C.M.] 1106(f)(6) ("Failure of counsel for the accused to comment on any matter in the recommendation in a timely manner shall waive later claim of error with regard to such matter in the absence of plain error.").

Second, did Appellant void the entire pretrial agreement when he made a false official statement prior to the CA’s action on the agreement? See United States v. Acevedo, 50 M.J. 169, 172 (C.A.A.F. 1999) (noting that a pretrial agreement is created through a bargaining process similar to that used to create a commercial contract); United States v. Koopman, 20 M.J. 106, 110 (C.M.A. 1985) (observing that an implied term of any pretrial agreement is that the parties act in good faith to achieve the agreement’s objectives).

Third, if Appellant did void the entire pretrial agreement before the CA acted, did Appellant thereby void the CA’s obligation under the agreement to suspend the sentence, and in so doing remove even the potential for vacation? See R.C.M. 705(d)(4)(B) (permitting the CA to withdraw from a pretrial agreement upon the failure of the accused to fulfill any material condition in the agreement); United States v. Perlman, 48 M.J. 353 (C.A.A.F. 1997) (summary disposition) (suggesting that a party to a pretrial agreement may "negotiate away" the normal two-step procedure for vacation); Koopman, 20 M.J. at 111 (noting that an accused who fails to act in good faith breaches the agreement and releases the government from performing its obligations thereunder)?

Finally, if the opportunity for suspension, and therefore vacation of that suspension, evaporated upon Appellant’s breach of the agreement, was the CA’s subsequent action to vacate the voided suspension meaningless, and therefore harmless? See United States v. Suzuki, 20 M.J. 248, 249-50 (C.M.A. 1985) (suggesting that meaningful relief for excess confinement should be "a []proportionate response to the errors that have been committed").

Because I would prefer oral argument to address these issues, I respectfully dissent from the grant of the Government’s motion.

INTERLOCUTORY ORDERS

No. 97-0299/NA. U.S. v. Jorge L. RODRIGUEZ. CCA 95-0776. Motion filed by the Military and National Security Law Student Association for leave to file brief as amicus curiae and to participate in oral argument granted.

No. 02-0457/AR. U.S. v. Brian P. ADAMS. CCA 20000431. Appellee's motion to attach appellate exhibits denied as the exhibits have been previously attached to the record.

No. 03-0211/NA. U.S. v. Brian C. MCDONALD. CCA 200000635. Appellant's motion to correct erratum and Appellee's motion to correct errata are granted.

No. 03-0272/NA. U.S. v. Franklin M. BARTON. CCA 200100732. Appellant's motion to correct erratum granted.

No. 04-0041/AR. U.S. v. Jesse R. CRISOSTO. CCA 20020974. Appellant's motion to extend time to file supplement to petition for grant of review granted to December 17, 2003.

No. 04-0042/AR. U.S. v. Shapour MEGHDADI. CCA 20000029. Appellant's motion to extend time to file supplement to petition for grant of review granted to December 1, 2003.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 04-031
Friday, November 14, 2003

PETITIONS FOR GRANT OF REVIEW DENIED

No. 03-0618/AR. U.S. v. Mitchell R. CHATMAN. CCA 20010163.

No. 03-0653/AF. U.S. v. Michael J. MARCUS. CCA 35047.

PETITIONS FOR GRANT OF REVIEW FILED

No. 04-0135/AR. U.S. v. Lazaro J. GONZALEZ. CCA 20020104.

No. 04-0136/AR. U.S. v. Jecixca CARVAJAL. CCA 20020676.

No. 04-0137/AF. U.S. v. Douglas P. CREIGHTON. CCA 35044.

No. 04-0138/AF. U.S. v. Darnell E. THOMPSON. CCA 35580.

No. 04-0139/AF. U.S. v. Glenn P. SMITH, Jr. CCA S30058.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 04-030
Thursday, November 13, 2003

RETURN OF RECORD FROM COURT OF CRIMINAL APPEALS

No. 03-0064/NA. U.S. v. Sherod H. MAIR. CCA 9700421. The record was returned to the Clerk’s Office in accordance with the earlier decision of this Court, 59 M.J. 21 (C.A.A.F. 2003), and has been referred to the Court for further consideration.

PETITIONS FOR GRANT OF REVIEW DENIED

No. 03-0541/MC. U.S. v. Michael J. ONEILL. CCA 200101979.

No. 03-0677/AF. U.S. v. Anthony D. ESCO. CCA S30259.

No. 03-0680/AR. U.S. v. Rey Dela C. BAGAOISAN. CCA 20030312.

No. 03-0683/AF. U.S. v. Joshua A. MCCRACKEN. CCA 35441.

No. 03-0687/AR. U.S. v. Lamar T. MILLER. CCA 20020282.

No. 04-0001/MC. U.S. v. Erik A. MISCHLICH. CCA 200200692.

PETITIONS FOR GRANT OF REVIEW FILED

No. 04-0134/MC. U.S. v. Mark S. PICKETT. CCA 200200048.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 04-029
Wednesday, November 12, 2003

PETITIONS FOR GRANT OF REVIEW FILED

No. 04-0130/AR. U.S. v. Roger E. MEDFORD. CCA 20030769.

No. 04-0131/AR. U.S. v. Farrah L. DOZIER. CCA 20010629.

No. 04-0132/AR. U.S. v. Troy S. QUALE. CCA 20021118.

No. 04-0133/MC. U.S. v. Neal S. RYAN. CCA 200200283.

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

Misc. No. 04-8002/AR. United States, Appellee, v. Ervin M. GRAVES, Appellant. CCA 20030809. Writ-appeal petition denied.

INTERLOCUTORY ORDERS

No. 03-0620/AR. U.S. v. William T. LUNDY. CCA 2000069. Appellant's motion for leave to file additional matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), granted.

No. 97-0299/NA. U.S. v. Jorge L. RODRIGUEZ. CCA 95-0776. Motion filed by the National Broadcasting Company, Inc., for leave to file brief as amicus curiae and to participate in oral argument granted.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 04-028
Monday, November 10, 2003

PETITIONS FOR GRANT OF REVIEW FILED

No. 04-0120/AR. U.S. v. George R. LITTERAL. CCA 20011191.

No. 04-0121/AR. U.S. v. Corey G. WASHINGTON. CCA 20030093.

No. 04-0122/AR. U.S. v. Benjamin J. NORTHCUTT. CCA 20030295.

No. 04-0123/AR. U.S. v. Ali SHARIF. CCA 20021111.

No. 04-0124/AR. U.S. v. Adam L. CONRAD. CCA 20020267.

No. 04-0125/AR. U.S. v. Arthur D. MAKOWSKI, III. CCA 20020767.

No. 04-0126/AR. U.S. v. Jose E. RAMOS. CCA 20000057.

No. 04-0127/AR. U.S. v. Jayson BARTOLOMEY. CCA 20030322.

No. 04-0128/AR. U.S. v. Adrian A. WALCOTT. CCA 20030593.

No. 04-0129/AR. U.S. v. Lamarion D. SCOTT. CCA 20020656.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 04-027
Friday, November 07, 2003

ORDERS GRANTING PETITION FOR REVIEW

No. 03-6003/NA. U.S. v. Rico S. GORE. CCA 200300348. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issues:

I. WHETHER, HAVING FOUND UNLAWFUL COMMAND INFLUENCE, THE MILITARY JUDGE ABUSED HIS DISCRETION IN DISMISSING THE CASE WITH PREJUDICE.

II. WHETHER THE LOWER COURT ERRED BY ENGAGING IN IMPERMISSIBLE FACT-FINDING WHEN RULING ON THE GOVERNMENT’S APPEAL PURSUANT TO ARTICLE 62, UCMJ, 10 U.S.C. § 862 (2000).

PETITIONS FOR GRANT OF REVIEW FILED

No. 04-0109/AR. U.S. v. Robert J. BUSTAMANTE. CCA 20011050.

No. 04-0110/AF. U.S. v. Noah W. ROBBINS. CCA S30280.

No. 04-0111/AF. U.S. v. Jerrell L. ROGERS. CCA S30061.

No. 04-0112/AF. U.S. v. Jason I. PETTIT. CCA S30344.

No. 04-0113/AF. U.S. v. Rodriguez L. MEDINA. CCA 34783.

No. 04-0114/AF. U.S. v. Richard S. KUHN. CCA S30297.

No. 04-0115/AF. U.S. v. Ian M. GRIFFIN-BALES. CCA 35189.

No. 04-0116/AF. U.S. v. Jamie A. FREDRICKSON. CCA 34923.

No. 04-0117/AF. U.S. v. Michael S. DRIGGERS. CCA 35084.

No. 04-0118/AF. U.S. v. Shane A. CURRY. CCA S30206.

No. 04-0119/AF. U.S. v. Anthony W. WARNER. CCA 34716.

MISCELLANEOUS DOCKET - FILINGS

Misc. No. 04-8002/AR. United States, Appellee, v. Ervin M. GRAVES, Appellant. CCA 20030809. Writ-appeal petition for review of the United States Army Court of Criminal Appeals decision on application for extraordinary relief was filed under Rule 27(b) on October 23, 2003, and placed on the docket this date.

INTERLOCUTORY ORDERS

No. 03-0647/AR. U.S. v. Ray T. LEAK. CCA 20000356. Appellant's second motion to extend time to file supplement to petition for grant of review granted, but only up to and including November 24, 2003;and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 04-0010/NA. U.S. v. James A. ROBINSON. CCA 200000681. Appellant's motion to extend time to file supplement to petition for grant of review granted to December 5, 2003.

MANDATES ISSUED

No. 03-8014/NA. Salvador DIAZ, Petitioner, v. The Judge Advocate General of the Navy, Respondent. CCA 200200374.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 04-026
Thursday, November 06, 2003

APPEALS - SUMMARY DISPOSITIONS

No. 03-0355/MC. U.S. v. Josephus MOORE. CCA 200102053. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, we hold that the Court of Criminal Appeals affirmed a sentence greater than that approved by the convening authority in violation of Article 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c) (2000). Accordingly, said petition is hereby granted; that the decision of the United States Navy-Marine Corps Court of Criminal Appeals with respect to the portion of the sentence imposing restriction for 45 days is reversed; and that in all other respects, the decision of the U.S. Navy-Marine Corps Court of Criminal Appeals is affirmed. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

ORDERS GRANTING PETITION FOR REVIEW

No. 03-0355/MC. U.S. v. Josephus MOORE. CCA 200102053.[See also APPEALS – SUMMARY DISPOSITIONS this date.]

PETITIONS FOR GRANT OF REVIEW FILED

No. 04-0105/NA. U.S. v. Luke J. SHANAHAN. CCA 200201839.

No. 04-0106/MC. U.S. v. Michael K. SMOTHERS. CCA 200200635.

No. 04-0107/MC. U.S. v. Richard J. KROLL. CCA 200300706.

No. 04-0108/NA. U.S. v. Travis J. CARY. CCA 200100801.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 04-025
Wednesday, November 05, 2003

PETITIONS FOR GRANT OF REVIEW DENIED

No. 03-0583/NA. U.S. v. Ramoncito FABRA. CCA 200201696.

No. 03-0622/AR. U.S. v. James D. IHSSEN. CCA 20000626.

No. 03-0630/AR. U.S. v. Shamaine N. JENKINS. CCA 20021340.

No. 03-0654/AR. U.S. v. Wallace J. BENSON III. CCA 20011126.

No. 03-0669/NA. U.S. v. Jorge PEREZ. CCA 200300023.

No. 03-0670/MC. U.S. v. Jason L. GAGNON. CCA 200201929.

No. 03-0673/AF. U.S. v. Eric J. PASTOR. CCA S30223.

No. 03-0675/AF. U.S. v. Dean W. PARSHALL. CCA 34909.

No. 03-0676/AF. U.S. v. William J. MCDERMOTT. CCA 35413.

No. 03-0682/AR. U.S. v. Larry J. SLUSS. CCA 20020225.

No. 03-0685/AR. U.S. v. Raymond LITTLES. CCA 9900553.

PETITIONS FOR GRANT OF REVIEW FILED

No. 04-0103/AR. U.S. v. Kedric C. WEST. CCA 20010894.

No. 04-0104/AR. U.S. v. Anthony L. JONES. CCA 20010510.

INTERLOCUTORY ORDERS

No. 04-0003/AR. U.S. v. Jason T. DOERFLINGER. CCA 20020824. Appellant's motion to extend time to file supplement to petition for grant of review granted, but only up to and including December 8, 2003.

No. 04-0013/AF. U.S. v. Blake A. BRITNER. CCA 35464. Appellant's motion to submit petition for grant of review out of time and supplement to petition for grant of review out of time granted. Appellee may file an answer to said supplement to petition for grant of review within thirty days.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 04-024
Tuesday, November 04, 2003

PETITIONS FOR GRANT OF REVIEW FILED

No. 04-0101/AR. U.S. v. Adrian L. NICHOLS. CCA 20001073.

No. 04-0102/AR. U.S. v. Mitchell F. MCMURRAY. CCA 9900835.

INTERLOCUTORY ORDERS

No. 04-0102/AR. U.S. v. Mitchell F. MCMURRAY. CCA 9900835. Notice is hereby given that a petition for grant of review was offered for filing under Rule 20, together with Appellant’s motion to file the same out of time on the 4th day of November. Appellee shall file an answer to Appellant’s motion on or before the 12th day of November, 2003. Further action on the petition shall be held in abeyance pending the Court’s final action on the motion.


UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
No. 04-023
Monday, November 03, 2003

PETITIONS FOR GRANT OF REVIEW DENIED

No. 03-0384/MC. U.S. v. Kevin G. ARGO. CCA 200001579.

No. 03-0592/NA. U.S. v. Michael N. GORE. CCA 200101894.

No. 03-0601/MC. U.S. v. Nicholas J. FERNANDEZ. CCA 200102045.

No. 03-0656/MC. U.S. v. Errol H. SADLER. CCA 200300261.

No. 03-0664/NA. U.S. v. Wade J. BRADFORD. CCA 200300221.

No. 03-0665/MC. U.S. v. Matthew W. MCCLELLAN. CCA 200202320.

No. 03-0666/MC. U.S. v. James H. SEO. CCA 200200228.

No. 03-0667/NA. U.S. v. Marion W. MOSLEY. CCA 200202023.

No. 03-0668/MC. U.S. v. Jackson J. KING. CCA 200300036.

No. 03-0671/MC. U.S. v. Santiago F. SOLORIO. CCA 200300603.

No. 03-0679/NA. U.S. v. Shawn K. KENNEDY. CCA 200101144.

PETITIONS FOR GRANT OF REVIEW FILED

No. 04-0097/AR. U.S. v. Cassandra D. HURST. CCA 20030458.

No. 04-0098/AR. U.S. v. William W. DINWIDDIE II. CCA 20030340.

No. 04-0099/MC. U.S. v. Salvatore A. FALZONE. CCA 200300701.

No. 04-0100/MC. U.S. v. Benjamin L. CARTER. CCA 200101992.

INTERLOCUTORY ORDERS

No. 01-0827/AR. U.S. v. Chad D. BENNER. CCA 9801777. Appellant's motion to extend time to file supplement to petition for grant of review granted to December 1, 2003.

No. 03-0490/NA. U.S. v. Courtney D. DAVIS. CCA 9901170. Appellant's motion to file supplement to petition for grant of review out of time granted.

No. 03-0694/AR. U.S. v. Darrell L. SHELTON. CCA 9900816. Appellant's motion to extend time to file supplement to petition for grant of review granted, but only up to and including December 1, 2003.

No. 04-0024/MC. U.S. v. Michael D. OLSON. CCA 200102063. In light of United States v. Brunson, 59 M.J. 41 (C.A.A.F. 2003), Appellant's motion to file petition for grant of review out of time and motion to attach are granted. Appellant will file a supplement to the petition under Rule 21 on or before December 1, 2003. Appellee may file an answer within thirty days thereafter.

No. 04-0025/NA. U.S. v. Geoffrey M. STEPHENS. CCA 200202244. In light of United States v. Brunson, 59 M.J. 41 (C.A.A.F. 2003), Appellant's motion to file petition for grant of review out of time and motion to attach are granted. Appellant will file a supplement to the petition under Rule 21 on or before December 1, 2003. Appellee may file an answer within thirty days thereafter.

No. 04-5001/AR. U.S. v. Ray T. LEAK. CCA 20000356. Appellant's motion to attach granted.


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