UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 28, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0360/AR. U.S. v. Kathryn L. Hopkins. CCA 20180317.

No. 19-0361/AR. U.S. v. James M. Mikolajczyk. CCA 20180035.

No. 19-0362/MC. U.S. v. Kristopher B. Richardson. CCA 201900028.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, June 26, 2019

 

Petition for Grant of Review Filed

 

No. 19-0359/AR. U.S. v. Eric A. Spitale. CCA 20170128.

 

Court Closure

 

By order of the Chief Judge, the United States Court of Appeals for the Armed Forces will be closed all day on Friday, July 5, 2019, in observance of Independence Day.

 

For purposes of computation of time and motions to enlarge time under the Court's Rules of Practice and Procedure, July 5, 2019, will be considered a day when the Court is officially closed.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, June 25, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0356/AR. U.S. v. Michael J. Mansfield. CCA 20180422.

No. 19-0357/AR. U.S. v. Brendan J. Tellez. CCA 20190019.

No. 19-0358/AF. U.S. v. Joshua A. Sloan. CCA 39500.

 

Interlocutory Orders

 

No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. Appellant's motion to extend time to file a reply brief is granted to July 15, 2019.

 

No. 19-0354/AF. U.S. v. Homaira Khalji. CCA 39304. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 15, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 24, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0350/AR. U.S. v. Herbert Jason L. Parr. CCA 20180153.

No. 19-0351/AR. U.S. v. Jarell L. Kelley. CCA 20180520.

No. 19-0352/MC. U.S. v. Andrew J. Deleon. CCA 201800365.

No. 19-0353/MC. U.S. v. Johnny Sanchez. CCA 201900004.

No. 19-0354/AF. U.S. v. Homaira Khalji. CCA 39304.

No. 19-0355/AR. U.S. v. Michael A. Parks. CCA 20190014.

 

Petitions for Grant of Review Denied

 

No. 19-0265/AR. U.S. v. Kevin L. Smith. CCA 20180190.

No. 19-0268/AF. U.S. v. Jacob Cook. CCA 39367.

No. 19-0277/MC. U.S. v. Raymond W. Begay. CCA 201800332.

No. 19-0312/AR. U.S. v. Austin J. Hood. CCA 20180614.

 

Interlocutory Orders

 

No. 19-0245/AR. U.S. v. Erik J. Burris. CCA 20150047. Appellant's motion to file matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 19-0323/AR. U.S. v. Gregory D. Freeman. CCA 20170103. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to July 9, 2019.

 

No. 19-0324/AR. U.S. v. Joseph W. Smith. CCA 20180047. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to July 9, 2019.

 

No. 19-0346/AR. U.S. v. Kelvin D. Peebles. CCA 20170044. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 15, 2019.

 

No. 19-0349/MC. U.S. v. Keaton J. McCasland. CCA 201700314. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 15, 2019.

 

No. 19-0350/AR. U.S. v. Herbert Jason L. Parr. CCA 20180153. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 15, 2019.

 

Mandates Issued

 

No. 18-0305/AR. U.S. v. Michael C. Gleason. CCA 20150379.

No. 18-0347/AR. U.S. v. Michael J. Gonzales. CCA 20130849.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 21, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0347/AR. U.S. v. Joseph X. Perez. CCA 20160763.

No. 19-0348/NA. U.S. v. Johnny L. Tharpe. CCA 881475.

No. 19-0349/MC. U.S. v. Keaton J. McCasland. CCA 201700314.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, June 20, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0342/AF. U.S. v. Raymond B. Pfeiffer. CCA 39575.

No. 19-0343/AR. U.S. v. Joseph P. Robinson. CCA 20160773.

No. 19-0344/AR. U.S. v. Rafael J. Lugo, Jr. CCA 20180115.

No. 19-0346/AR. U.S. v. Kelvin D. Peebles. CCA 20170044.

 

Petition for Grant of Review - Summary Disposition

 

No. 19-0212/AR. U.S. v. Patrick B. Teer. CCA 20170601. On consideration of Appellant's petition for grant of review of the decision of the United States Army Court of Criminal Appeals, Appellee's motion to remand, and Appellant's motion to supplement the record, it is ordered that said petition is granted on the following personally asserted issue:

 

WHETHER THE MILITARY JUDGE ERRED BY FAILING TO RECUSE HIMSELF BASED ON CIRCUMSTANCES THAT, IF KNOWN AT THE TIME OF APPELLANT'S COURT-MARTIAL, WOULD HAVE PROVIDED REASONS TO REASONABLY QUESTION HIS IMPARTIALITY.

 

That the motion to remand is granted, that the motion to supplement the record is denied without prejudice to raising the matter before the United States Army Court of Criminal Appeals, and 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 that court for a new review and consideration of the aforementioned issue under Article 66, Uniform Code of Military Justice (UCMJ), 10 U.S.C. 866 (2012). Thereafter, Article 67, UCMJ, 10 U.S.C. 867 (2012) shall apply.

 

Appeal - Summary Disposition

 

No. 18-0251/NA. U.S. v. Austin T. Greening. CCA 201700040. On further consideration of the granted issue, 78 M.J. 61 (C.A.A.F. 2018), and in view of Gamble v. United States, __ S. Ct. __ (2019), No. 17-646, 2019 U.S. LEXIS 4173, 2019 WL 2493923 (June 17, 2019), it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed.

 

Interlocutory Order

 

No. 17-0263/AR. U.S. v. Timothy B. Hennis. CCA 20100304. Appellee's motion for leave to file a brief in excess of the page limitations is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, June 19, 2019

 

Certificate for Review Filed

 

No. 19-0345/AF. U.S. v. Humphrey Daniels III. CCA 39407. Notice is hereby given that a certificate for review of the decision of the United States Air Force Court of Criminal Appeals was filed under Rule 22, together with a motion for summary disposition, motion to suspend Court's Rules, and motion to dispense with requirements to file a joint appendix on this date on the following issue:

 

WHETHER THE AIR FORCE'S PROSECUTION OF APPELLEE FOR RAPE IS BARRED BY THE APPLICABLE LIMITATIONS PROVISION OF THE UNIFORM CODE OF MILITARY JUSTICE.

 

Further action on the certificate shall be held in abeyance pending the Court's final action on the motions.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, June 18, 2019

 

Petition for Grant of Review Filed

 

No. 19-0341/AR. U.S. v. Michael J. Ballesteros. CCA 20170652.

 

Petition for Grant of Review Denied

 

No. 19-0234/AR. U.S. v. Jordan T. Rodriguez. CCA 20160787.

 

Appeals Summary Dispositions

 

No. 19-0051/AR. U.S. v. Korey B. Kangich. CCA 20170170. On consideration of the granted issue, 78 M.J. 304 (C.A.A.F. 2019), the judgment of the United States Army Court of Criminal Appeals, United States v. Kangich, No. 20170170 (A. Ct. Crim. App. Sep 27, 2018) (unpublished), and the opinion of this Court in United States v. McDonald, __ M.J. __ (C.A.A.F. Apr. 17, 2019), we conclude that because the affirmative defense of mistake of fact as to consent applies only if the mistake is reasonable as well as honestly held, the military judge did not err. Therefore, it is ordered that the judgment of the United States Army Court of Criminal Appeals is affirmed.

 

No. 19-0104/AR. U.S. v. Nicholas E. Davis. CCA 20160069. On consideration of the granted issue, __M.J. __ (C.A.A.F. 2019), the opinion of the United States Army Court of Criminal Appeals, United States v. Davis, No. 20160069 (A. Ct. Crim. App. Aug. 16, 2018) (unpublished), and the opinion of this Court in United States v. McDonald, __ M.J. __ (C.A.A.F. Apr. 17, 2019), we conclude that the military judge did not err in instructing the court members that for the affirmative defense of mistake of fact as to consent to apply, the mistake must have been reasonable as well as honestly held. Therefore, it is ordered that the judgment of the United States Army Court of Criminal Appeals is hereby affirmed.

 

Interlocutory Orders

 

No. 19-0318/AR. U.S. v. Drake S. McAninch. CCA 20170091. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to June 24, 2019.

 

No. 19-0339/AR. U.S. v. Marco A. Reyes. CCA 20160704. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 8, 2019.

 

No. 19-0340/AF. U.S. v. Jason J. Lundby. CCA 32500. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 8, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 17, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0339/AR. U.S. v. Marco A. Reyes. CCA 20160704.

No. 19-0340/AF. U.S. v. Jason J. Lundby. CCA 32500.

 

Petition for Grant of Review Denied

 

No. 19-0267/AR. U.S. v. Trumaine Harrison. CCA 20180268.

 

Interlocutory Orders

 

No. 19-0245/AR. U.S. v. Erik J. Burris. CCA 20150047. Appellant's motion for an enlargement of time to raise matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted to June 20, 2019.

 

No. 19-0337/AF. U.S. v. Evan G. Smith. CCA 38943. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 8, 2019.

 

No. 19-0338/NA. U.S. v. Edward C. Lin. CCA 201700303. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 8, 2019.

 

Mandates Issued

 

No. 18-0371/AR. U.S. v. Juventino Tovarchavez. CCA 20150250.

No. 19-0109/AR. U.S. v. Joshua D. Lewis. CCA 20180260.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 14, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0336/AF. U.S. v. LT Moore III. CCA 39348.

No. 19-0337/AF. U.S. v. Evan G. Smith. CCA 38943.

No. 19-0338/NA. U.S. v. Edward C. Lin. CCA 201700303.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, June 13, 2019

 

Petition for Grant of Review Filed

 

No. 19-0335/AR. U.S. v. Rene G. Fuentes. CCA 20170390.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, June 12, 2019

 

Petitions for Grant of Review Denied

 

No. 19-0215/AR. U.S. v. Erick A. Navarro. CCA 20160673.

No. 19-0236/AR. U.S. v. Travis Hernandez. CCA 20160558.

No. 19-0275/AR. U.S. v. Adam C. Lautenschlager. CCA 20180154.

No. 19-0288/AF. U.S. v. Michael A. Gans. CCA 39321.

 

Interlocutory Orders

 

No. 19-0297/AR. U.S. v. Adrian Gonzalez. CCA 20160363. Appellant's third motion to file the supplement to the petition for grant of review is granted to July 2, 2019, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 19-0300/MC. U.S. v. Christopher E. Jennings. CCA 201700241. Appellant's motion for leave to file matters pursuant to United v. States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, June 11, 2019

 

Interlocutory Orders

 

No. 19-0284/AR. U.S. v. Rohan H. Green. CCA 20170271. Appellant's third motion to extend time to file the supplement to the petition for grant of review is granted to June 19, 2019, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 19-0331/AR. U.S. v. Isiah K. Hall. CCA 20160644. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 28, 2019.

 

No. 19-0332/AR. U.S. v. Ryan E. Mannan. CCA 20170096. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 1, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 10, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0332/AR. U.S. v. Ryan E. Mannan. CCA 20170096.

No. 19-0333/AR. U.S. v. Kyle R. Forte. CCA 20190078.

No. 19-0334/AR. U.S. v. Jerad Q. Pergande. CCA 20180406.

 

Petitions for Grant of Review Denied

 

No. 19-0256/AR. U.S. v. Joseph N. Brooks, Jr. CCA 20180140.

No. 19-0258/AR. U.S. v. Luis A. Izquierdoolea. CCA 20180398.

No. 19-0287/AR. U.S. v. Trevan M. Forrest. CCA 20180253.

No. 19-0289/AR. U.S. v. Tyrhon A. Lewis. CCA 20180498.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 7, 2019

 

Petitions for Grant of Review Filed

 

No. 19-0328/AR. U.S. v. Demetrius J. Ruffin. CCA 20180479.

No. 19-0329/AR. U.S. v. Teitus A. Tanihu. CCA 20180593.

No. 19-0330/AR. U.S. v. Vincent A. Acosta. CCA 20180517.

No. 19-0331/AR. U.S. v. Isiah K. Hall. CCA 20160644.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, June 6, 2019

 

Petition for Grant of Review Denied

 

No. 19-0221/AR. U.S. v. Jarryn C. Thompson. CCA 20170150.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, June 5, 2019

 

Petitions for Grant of Review Denied

 

No. 19-0149/AF. U.S. v. Nikolas L. Gault. CCA 39368.

No. 19-0164/NA. U.S. v. Chester N. McDonald. CCA 201700172.

No. 19-0181/AR. U.S. v. Lazaro J. Rodriguez. CCA 20160799.

No. 19-0184/AR. U.S. v. Kaleb M. Gavino. CCA 20180173.

No. 19-0231/AF. U.S. v. Jesse L. Brazell. CCA 39325.

No. 19-0240/NA. U.S. v. Hugo J. Spinoza. CCA 201700236. *

 

* It is directed that the Clerk seal the MRE 412 materials (pages 41-90 and 616-17 of the record and Appellate Exhibits VI, VII, XV, XVI, and LVI).

 

Petition for Grant of Review - Summary Disposition

 

No. 19-0235/AR. U.S. v. Tony S. Springer. CCA 20170662. On consideration of the motion to file a petition for reconsideration out of time and the accompanying petition for reconsideration of this Court's Order issued on May 3, 2019, it is ordered that said motion is granted, that the petition for reconsideration is granted, that the Order of May 3, 2019, denying the petition for grant of review is vacated, and that the petition for grant of review is granted on the following issue:

 

WHETHER THE MILITARY JUDGE ERRED BY FAILING TO RECUSE HIMSELF BASED ON CIRCUMSTANCES THAT, IF KNOWN AT THE TIME OF APPELLANT'S COURT-MARTIAL, WOULD HAVE PROVIDED REASONS TO REASONABLY QUESTION HIS IMPARTIALITY.

 

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 that court for a new review and consideration of the aforementioned issue under Article 66, Uniform Code of Military Justice (UCMJ), 10 U.S.C. 866 (2012). Thereafter, Article 67, UCMJ, 10 U.S.C. 867 (2012) shall apply.

 

Interlocutory Orders

 

No. 19-0240/NA. U.S. v. Hugo J. Spinoza. CCA 201700236. On consideration of the motion filed by Major Maryann N. McGuire to withdraw as appellate defense counsel, it appears that the Judge Advocate General has assigned another counsel to represent Appellant and that the new attorney has assumed the representation of said Appellant. Accordingly, it is ordered that said motion is granted.

 

No. 19-0285/NA. U.S. v. Antonio Olivares. CCA 201800125. On consideration of the motion filed by Major Maryann N. McGuire to withdraw as appellate defense counsel, it appears that the Judge Advocate General has assigned another counsel to represent Appellant and that the new attorney has assumed the representation of said Appellant. Accordingly, it is ordered that said motion is granted.

 

No. 19-0326/AF. U.S. v. Benjamin L. Hann. CCA 39374. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 25, 2019.

 

No. 19-0327/AF. U.S. v. Christopher W. Fenderson. CCA 39343. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 25, 2019.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, June 4, 2019

 

Petition for Grant of Review Filed

 

No. 19-0327/AF. U.S. v. Christopher W. Fenderson. CCA 39343.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 3, 2019

 

Petition for Grant of Review Filed

 

No. 19-0326/AF. U.S. v. Benjamin L. Hann. CCA 39374.

 

Petitions for Grant of Review Denied

 

No. 19-0244/AF. U.S. v. Joseph D. Roman. CCA 39381.

No. 19-0264/AR. U.S. v. Christian J. Corona. CCA 20180049.

No. 19-0278/AR. U.S. v. Ke'Aira S. Conley. CCA 20170560.

No. 19-0280/AR. U.S. v. Matthew M. How. CCA 22180461.

No. 19-0281/AF. U.S. v. Thomas S. MacDougall III. CCA 39476.

 

Interlocutory Orders

 

No. 19-0297/AR. U.S. v. Adrian Gonzalez. CCA 20160363. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to June 18, 2019.

 

No. 19-0322/AF. U.S. v. Alfredo J. Gonzales. CCA 39220. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 24, 2019.

 

No. 19-0323/AR. U.S. v. Gregory D. Freeman. CCA 20170103. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 24, 2019.

 

No. 19-0324/AR. U.S. v. Joseph W. Smith. CCA 20180047. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 24, 2019.

 

Mandate Issued

 

No. 18-0364/AR. U.S. v. Michael E. Harris. CCA 20170100.



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