UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, July 31, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0340/AF. U.S. v. Eric R. Proctor. CCA S32554.

No. 20-0341/AR. U.S. v. Christopher A. Nall. CCA 20200077.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, July 30, 2020

 

Petition for Grant of Review Filed

 

No. 20-0339/AR. U.S. v. Michael R. Motteler, Jr. CCA 20180512.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, July 29, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0336/AF. U.S. v. Brandon L. Snyder. CCA 39470.

No. 20-0337/AR. U.S. v. Justin R. Vega. CCA 20190009.

No. 20-0338/AR. U.S. v. Atlantis B. Leech. CCA 20190811.

 

Miscellaneous Docket - Summary Disposition

 

No. 20-0321/NA. In Re Decker B. Jordan, Petitioner. CCA 201100621. On consideration of the petition for extraordinary relief in the nature of a writ of mandamus, it is ordered that the petition is dismissed for lack of jurisdiction.

 

Interlocutory Orders

 

No. 19-0365/AR. U.S. v. Jason A. Scott. CCA 20170242. Appellant's motion to file a corrected brief is granted.

 

No. 20-0142/CG. U.S. v. Koda M. Harpole. CCA 1420. Appellee's motion for leave to file a supplemental joint appendix is granted.

 

No. 20-0301/MC. U.S. v. Guillermo Cabrera. CCA 201800327. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to August 17, 2020.

 

No. 20-0331/AR. U.S. v. James R. Butler III. CCA 20180385. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 18, 2020.

 

No. 20-0332/AF. U.S. v. Colton A. Matthews. CCA 39593. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 18, 2020.

 

No. 20-0333/AF. U.S. v. Nicholas A. Knarr. CCA 39577. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 18, 2020.

 

No. 20-0334/AR. U.S. v. Joshua E. Terry. CCA 20180355. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 18, 2020.

 

No. 20-0335/NA. U.S. v. Damon X. Hedgecock. CCA 201800333. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 18, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, July 28, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0334/AR. U.S. v. Joshua E. Terry. CCA 20180355.

No. 20-0335/NA. U.S. v. Damon X. Hedgecock. CCA 201800333.

 

Petitions for Grant of Review Denied

 

No. 20-0180/AR. U.S. v. David Brown. CCA 20160139.

No. 20-0194/AF. U.S. v. Andrew D. Schmidt. CCA 39604.

No. 20-0283/AR. U.S. v. Kyle A. Narburgh. CCA 20190143.

No. 20-0285/AR. U.S. v. Travis M. Murphy. CCA 20200179.

 

Petition for Grant of Review - Summary Disposition

 

No. 20-0247/AR. U.S. v. Carrera R. Anderson. CCA 20180540. On consideration of Appellant's petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is granted, and the decision of the United States Army Court of Criminal Appeals is affirmed.*

 

* The Clerk of the Court is ordered to seal pages 31-76 of the record of trial (Military Rule of Evidence 412 hearing).

 

Miscellaneous Docket - Summary Disposition

 

No. 20-0309/AF. Cody D. Bond, Petitioner. v. United States, Respondent. CCA 38934. On consideration of the petition for extraordinary relief in the nature of writ of habeas corpus, it is ordered that the petition is dismissed.

 

Order Granting Petition for Review

 

No. 20-0268/MC. U.S. v. Gregory S. Simpson. CCA 201800268. On consideration of Appellant's 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 granted on the following issue:

 

WHETHER IT IS LEGALLY IMPOSSIBLE FOR APPELLANT TO BE CONVICTED OF DISTRIBUTING INDECENT IMAGES TO HIMSELF UNDER ARTICLE 77, UCMJ, WHEN THE PLAIN LANGUAGE OF ARTICLE 120c(d)(5), UCMJ REQUIRES THE IMAGES BE DISTRIBUTED TO "ANOTHER."

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 20-0268/MC. U.S. v. Gregory S. Simpson. CCA 201800268. Appellant's motion to supplement the record is granted.

 

No. 20-0329/AF. U.S. v. Derek J. McInnis. CCA 39576. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 17, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, July 27, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0330/AR. U.S. v. Richard R. Browning. CCA 20190758.

No. 20-0331/AR. U.S. v. James R. Butler III. CCA 20180385.

No. 20-0332/AF. U.S. v. Colton A. Matthews. CCA 39593.

No. 20-0333/AF. U.S. v. Nicholas A. Knarr. CCA 39577.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, July 24, 2020

 

Petition for Grant of Review Filed

 

No. 20-0329/AF. U.S. v. Derek J. McInnis. CCA 39576.

 

Petition for New Trial Filed

 

No. 20-0328/AF. United States, Respondent. v. Carmen J. Scilluffo, Petitioner. CCA 39539.

 

Interlocutory Orders

 

No. 20-0071/AF. United States, Appellant. v. Jason M. Blackburn, Appellee. CCA 39397. Appellee's Motion for Appropriate Relief, United States v. Blackburn, No. 20-0071 (C.A.A.F. Mar. 3, 2020), is denied as moot by the judgment of the Court entered this date.

 

No. 20-0221/MC. U.S. v. Thomas E. Mader III. CCA 201800276. Appellant's motion to extend time to file a brief and joint appendix is granted to August 28, 2020.

 

No. 20-0292/AR. U.S. v. David A. Cole. CCA 20180536. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to August 17, 2020.

 

No. 20-0325/AR. United States, Appellant. v. Dashaun K. Henry, Appellee. CCA 20190688. Appellant's motion to withdraw the certificate for review without prejudice is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, July 23, 2020

 

Petition for Grant of Review Filed

 

No. 20-0326/AR. U.S. v. Jonathan L. Smith. CCA 20190357.

 

Petitions for Grant of Review Denied

 

No. 20-0238/AR. U.S. v. Russell T. Brown. CCA 20190649.

No. 20-0264/AR. U.S. v. Lamont R. Holloway. CCA 20190274.

No. 20-0278/AR. U.S. v. Charles T. Gary. CCA 20190691.

No. 20-0281/AR. U.S. v. Devyn K. Tyler. CCA 20190450.

 

Certificate for Review Filed

 

No. 20-0327/NA. United States, Appellee/Cross-Appellant v. Stephen A. Begani, Appellant/Cross-Appellee. CCA 201800082. Notice is given that a certificate for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this date, on the following issue:

 

WHETHER APPELLANT WAIVED OR FORFEITED THE RIGHT TO ASSERT THAT HIS COURT-MARTIAL VIOLATED HIS RIGHT TO EQUAL PROTECTION.

 

It is ordered that this case is hereby consolidated with United States v. Begani, Docket No. 20-0217/NA.

 

Appellant/Cross-Appellee shall file a combined brief on the granted and certified issues on or before August 24, 2020. The briefing schedule under Rule 19(b)(3) shall apply.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, July 22, 2020

 

Petition for Grant of Review Filed

 

No. 20-0324/AR. U.S. v. Brandon A. Glasscock. CCA 20190227.

 

Certificate for Review Filed

 

No. 20-0325/AR. United States, Appellant v. Dashaun K. Henry, Appellee. CCA 20190688. Notice is given that a certificate for review of the decision of the United States Army Court of Criminal Appeals and supporting brief were filed under Rule 22 on this date.

 

DID THE MILITARY JUDGE ABUSE HIS DISCRETION IN EXCLUDING THE FOUR STATEMENTS ON WHICH THE PROSECUTION SOUGHT INTERLOCUTORY APPELLATE REVIEW, PURSUANT TO ARTICLE 62, UCMJ.

 

Appellee will file an answer under Rule 22(b) on or before the 3rd day of August, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, July 21, 2020

 

Petition for Grant of Review Filed

 

No. 20-0323/NA. U.S. v. Vanrowin F. Manlambus. CCA 201900080.

 

Interlocutory Order

 

No. 20-0217/NA. U.S. v. Stephen A. Begani. CCA 201800082. Appellant's motion to extend time to file a brief and joint appendix is granted to August 14, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, July 20, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0320/AR. U.S. v. Brandon M. Sicklinger. CCA 20190582.

No. 20-0322/AR. U.S. v. Dylan A. Day. CCA 20200176.

 

Miscellaneous Docket - Filing

 

No. 20-0321/NA. U.S. v. Decker B. Jordan. CCA 201100621. Notice is given that a petition for extraordinary relief in the nature of a writ of mandamus was filed under Rule 27(a) on this date.

 

Interlocutory Orders

 

No. 20-0284/AR. U.S. v. Gary Hemmingsen. CCA 20180611. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to August 10, 2020.

 

No. 20-0319/MC. U.S. v. Anthonie L. Scott. CCA 201900003. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 10, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, July 17, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0316/AR. U.S. v. Damon G. Williams, Jr. CCA 20180569.

No. 20-0317/AR. U.S. v. William P. Moynihan. CCA 20130855.

No. 20-0318/AR. U.S. v. Alexandre Z. Davis. CCA 20190247.

No. 20-0319/MC. U.S. v. Anthonie L. Scott. CCA 201900003.

 

Interlocutory Orders

 

No. 20-0271/AR. U.S. v. Douglas W. Knighton. CCA 20180106. Appellant's third motion to extend time to file the supplement to the petition for grant of review is granted to July 31, 2020.

 

No. 20-0293/CG. U.S. v. Juan A. Guzman. CCA 1461. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to August 10, 2020.

 

No. 20-0315/AR. U.S. v. Terrace L. Solomon. CCA 20160456. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 6, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, July 16, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0311/AF. U.S. v. Christopher D. Macaluso. CCA S32556.

No. 20-0312/AR. U.S. v. Jorge S. Mendoza. CCA 20180524.

No. 20-0313/AR. U.S. v. Houbenove Pierre-Louis. CCA 20190393.

No. 20-0314/AR. U.S. v. Jackson L. Worrells. CCA 20190617.

No. 20-0315/AR. U.S. v. Terrace L. Solomon. CCA 20160456.

 

Petitions for Grant of Review Denied

 

No. 20-0244/AR. U.S. v. Fernando A. Perez. CCA 20190361.

No. 20-0255/AR. U.S. v. Brent E. McKee. CCA 20200009.

 

Interlocutory Order

 

No. 20-0286/AF. U.S. v. Jacob M. Ozbirn. CCA 39556. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 10, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, July 15, 2020

 

Petition for Grant of Review Filed

 

No. 20-0310/AR. U.S. v. Joshua Martinez. CCA 20190458.

 

Petitions for Grant of Review Denied

 

No. 20-0218/AF. U.S. v. Joseph L. Neis. CCA 39537.

No. 20-0245/MC. U.S. v. Walter J. Williams III. CCA 201800275.

No. 20-0246/AF. U.S. v. Charles M. McCall. CCA 39548.

No. 20-0249/AR. U.S. v. Misael O. Gonzalez. CCA 20190759.

No. 20-0257/AR. U.S. v. Anthony J. Page. CCA 20190135.

No. 20-0259/AR. U.S. v. Juan C. King. CCA 20190232.

No. 20-0269/AR. U.S. v. Antonio Ruelas. CCA 20190310.

No. 20-0270/NA. U.S. v. Zsavior A. Hodnett. CCA 201900285.

No. 20-0273/AR. U.S. v. Christopher H. Hogan. CCA 20190509.

 

Interlocutory Order

 

No. 20-0176/NA. U.S. v. Darrius D. Upshaw. CCA 201600053. Appellant's second motion to extend time to file a brief and the joint appendix is granted to July 17, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, July 14, 2020

 

Miscellaneous Docket - Filing

 

No. 20-0309/AF. U.S. v. Cody D. Bond. CCA 38934. Notice is hereby given that a petition for extraordinary relief in the nature of writ of habeas corpus was filed under Rule 27(a) on this date.

 

Miscellaneous Docket - Summary Disposition

 

No. 20-0295/AR. Eric D. Barnes v. U.S. CCA 20020918. On consideration of the petition for extraordinary relief in the nature of a motion for clemency, it is ordered that the petition is dismissed.

 

Order Granting Petition for Review

 

No. 20-0262/AF. U.S. v. Kaleb S. Garcia. CCA 2019-07. On consideration of Appellant's 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 (2012), it is ordered that said petition is granted on the following issue:

 

WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED IN FINDING THAT THE MILITARY JUDGE ABUSED HER DISCRETION IN SUPPRESSING EVIDENCE OBTAINED AS A RESULT OF A SEARCH AND SEIZURE OF APPELLANT'S DNA.

 

Pursuant to C.A.A.F. R. 19(a)(7)(A), no further pleadings will be filed.

 

Interlocutory Order

 

No. 20-0305/MC. U.S. v. Cesar A. Lopez. CCA 201800334. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 4, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, July 13, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0304/AF. U.S. v. Christopher G. Jensen. CCA 39573.

No. 20-0305/MC. U.S. v. Cesar A. Lopez. CCA 201800334.

No. 20-0306/AR. U.S. v. Jeremy P. Buckley. CCA 20190077.

No. 20-0307/AR. U.S. v. Jacob D. Adames. CCA 20190148.

No. 20-0308/AR. U.S. v. Bryan E. Schneider. CCA 20190725.

 

Miscellaneous Docket - Summary Disposition

 

No. 20-0280/AF. Charles A. Wilson III, Petitioner v. The United States Air Force Court of Criminal Appeals, Respondent. CCA 39387. On consideration of the petition for extraordinary relief in the nature of a writ of prohibition or, in the alternative, a writ of mandamus, it is ordered that the petition is denied.

 

Interlocutory Orders

 

No. 19-0384/AR. U.S. v. Michael J. Guinn. CCA 20170500. Appellant's second motion to extend time to file a brief is granted to July 20, 2020.

 

No. 20-0301/MC. U.S. v. Guillermo Cabrera. CCA 201800327. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 3, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, July 10, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0301/MC. U.S. v. Guillermo Cabrera. CCA 201800327.

No. 20-0302/AR. U.S. v. Ryan J. Diaz. CCA 20180556.

No. 20-0303/AR. U.S. v. Andrew F. Langston-March. CCA 20190692.

 

Petitions for Grant of Review Denied

 

No. 20-0233/AR. U.S. v. Joshua J. Boudreaux. CCA 20190746.

No. 20-0240/NA. U.S. v. Lexa A. Lee. CCA 201900249.

No. 20-0241/NA. U.S. v. Kevin Ortiz. CCA 201800375.

No. 20-0250/AR. U.S. v. Edward Garner. CCA 20180563.

No. 20-0254/AR. U.S. v. Dmarcus J. Miles. CCA 20200028.

No. 20-0256/AR. U.S. v. Tyler D. Reed. CCA 20190335.

No. 20-0258/AR. U.S. v. Jacob D. Meadors. CCA 20190301.

No. 20-0265/MC. U.S. v. Kevin M. Robinson. CCA 201800297.

No. 20-0266/NA. U.S. v. Elliot Z. Williams. CCA 201900287.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, July 8, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0298/AR. U.S. v. Amauri R. Davis. CCA 20190770.

No. 20-0299/AR. U.S. v. James T. Richardson. CCA 20190526.

No. 20-0300/AF. U.S. v. Benjamin S. Williams. CCA 39461.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, July 7, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0296/AF. U.S. v. Edward L. O'Bryan, III. CCA 39602.

No. 20-0297/AR. U.S. v. Kevin L. Penland. CCA 20190119.

 

Miscellaneous Docket - Filing

 

No. 20-0295/AR. U.S. v. Eric D. Barnes. CCA 20020918. Notice is hereby given that a petition for extraordinary relief in the nature of a motion for clemency was filed under Rule 27(a) on this date.

 

Order Granting Petition for Review

 

No. 20-0267/AF. U.S. v. Ryan G. Uribe. CCA 39559. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is granted on the following issue:

 

WHETHER THE LOWER COURT ERRED IN FINDING THE MILITARY JUDGE DID NOT ABUSE HIS DISCRETION IN DENYING A JOINT MOTION TO RECUSE.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 20-0250/AR. U.S. v. Edward Garner. CCA 20180563. Appellant's motion to file the supplement to the petition for grant of review out of time is denied.

 

No. 20-0271/AR. U.S. v. Douglas W. Knighton. CCA 20180106. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to July 21, 2020.

 

No. 20-0289/AR. U.S. v. Kevin M. Furth. CCA 20180191. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 27, 2020.

 

No. 20-0291/AF. U.S. v. Faraz A. Wassan. CCA 39512. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 27, 2020.

 

No. 20-0292/AR. U.S. v. David A. Cole. CCA 20180536. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 27, 2020.

 

No. 20-0293/CG. U.S. v. Juan a. Guzman. CCA 1461. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 27, 2020.

 

No. 20-0294/AF. U.S. v. Ryan M. Vanvalkenburgh. CCA 39571. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to July 27, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, July 6, 2020

 

Petitions for Grant of Review Filed

 

No. 20-0290/AR. U.S. v. Brandon S. Schlarb. CCA 20190395.

No. 20-0291/AF. U.S. v. Faraz A. Wassan. CCA 39512.

No. 20-0292/AR. U.S. v. David A. Cole. CCA 20180536.

No. 20-0293/CG. U.S. v. Juan a. Guzman. CCA 1461.

No. 20-0294/AF. U.S. v. Ryan M. Vanvalkenburgh. CCA 39571.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, July 1, 2020

 

Petition for Grant of Review Filed

 

No. 20-0289/AR. U.S. v. Kevin M. Furth. CCA 20180191.

 

Petitions for Grant of Review Denied

 

No. 20-0187/AR. U.S. v. Caleb J. Holmes. CCA 20180572.

No. 20-0205/AR. U.S. v. Nathan A. Roden. CCA 20180354.

No. 20-0207/AR. U.S. v. Aaron D. Jesko. CCA 20160439.

No. 20-0210/AR. U.S. v. William K. Smith. CCA 20180286.

No. 20-0220/AR. U.S. v. Harmoney A. Anderson. CCA 20180684.

No. 20-0236/AR. U.S. v. Sean E. Hegg. CCA 20180386.

No. 20-0248/AR. U.S. v. Jamal R. Willliams-McCray. CCA 20190137.

No. 20-0251/AF. U.S. v. Kevin L. Rogers. CCA S32545.

No. 20-0253/AR. U.S. v. Gabriel N. Ramos. CCA 20190083.

 

Certificate for Review Filed

 

No. 20-0288/MC. United States, Appellant v. Michael J. Brown, Appellee. CCA 201900050. Notice is hereby given that a certificate for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this date:

 

DID THE LOWER COURT ERR FINDING THAT IT HAD POTENTIAL JURISDICTION?

 

Appellee will file a brief under Rule 22(b) on or before the 9th day of July, 2020.

 

Interlocutory Orders

 

No. 19-0365/AR. U.S. v. Jason A. Scott. CCA 20170242. On consideration of Appellant's petition for reconsideration of this Court's order issued June 10, 2020, and Appellant's motion to attach a declaration, it is ordered that the petition for reconsideration is granted, that the order issued June 10, 2020 is vacated and the previously granted issue remains before the Court, and the motion to attach a declaration is granted. Appellee will file a brief on or before July 31, 2020.

 

No. 20-0288/MC. United States, Appellant v. Michael J. Brown, Appellee. CCA 201900050. Appellee's motion to extend time to file a brief is granted to July 16, 2020.



Home Page |  Opinions & Digest  |  Daily Journal  |  Scheduled Hearings  |  Search Site