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.
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