UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, August 31, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0271/AR. U.S. v. Clifton M. Shepherd. CCA 20210406.

No. 22-0272/AR. U.S. v. Denzel C. Cooper. CCA 20200614.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 30, 2022

 

Interlocutory Orders

 

No. 22-0170/AF. U.S. v. William C. McAlhaney. CCA 39979. Appellee's motion to submit a supplemental joint appendix is granted.

 

No. 22-0258/AR. U.S. v. Roberto Aikanoff, Jr. CCA 20200423. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to September 20, 2022.

 

No. 22-0270/MC. U.S. v. Malik C. Bunton. CCA 202100001. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 19, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 29, 2022

 

Petition for Grant of Review Filed

 

No. 22-0270/MC. U.S. v. Malik C. Bunton. CCA 202100001.

 

Interlocutory Orders

 

No. 22-0123/AF. U.S. v. Travis D. Pullings. CCA 39948. On consideration of Appellant's motion to strike and second motion to extend time to file a reply brief, it is ordered that the motion to strike is denied without prejudice to consideration of a motion to extend the page limit for the reply brief stated in C.A.A.F. Rule 24(b)(3), and the second motion to extend time to file a reply brief is granted to September 8, 2022.

 

No. 22-0231/NA. U.S. v. Jasan E. Williams. CCA 202100006. On consideration of the motion filed by Major Anthony M. Grzincic for leave to withdraw as appellate 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 the motion is granted.

 

No. 22-0253/AF. U.S. v. Deric W. Prescott. CCA 2022-03. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to September 19, 2022.

 

No. 22-0256/AF. U.S. v. Deric W. Prescott. CCA 39931. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to September 20, 2022.

 

No. 22-0260/MC. U.S. v. Troy R. Tribble. CCA 202100073. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to September 26, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 26, 2022

 

Petitions for Grant of Review Denied

 

No. 22-0137/AR. U.S. v. Matthew E. Davis. CCA 20200659.

No. 22-0209/AR. U.S. v. Hunter S. Hamilton. CCA 20200528.

 

Orders Granting Petition for Review

 

No. 22-0211/AF. U.S. v. Liam C. Lattin. CCA 39859. 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 issues:

 

I. WHETHER THE LOWER COURT ERRED WHEN IT DID NOT APPLY THE EXCLUSIONARY RULE.

 

II. WHETHER THE LOWER COURT ERRED WHEN IT FAILED TO ADDRESS A SEARCH AUTHORIZATION'S STATED EXPIRATION DATE.

 

Briefs will be filed under Rule 25.

 

No. 22-0230/AR. U.S. v. Tristen D. Willey. CCA 20210631. On consideration of the 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 on the following issues:

 

I. WHETHER TRIAL DEFENSE COUNSEL'S WITHDRAWAL OF A MOTION FOR APPROPRIATE RELIEF ON THE GROUNDS OF MULTIPLICITY AND UNREASONABLE MULTIPLICATION OF CHARGES WAIVED APPELLATE REVIEW OF THE MILITARY JUDGE'S ALLEGED ERROR OF ACCEPTING APPELLANT'S GUILTY PLEAS TO FACIALLY DUPLICATIVE OFFENSES.

 

II. WHETHER ANY OF THE OFFENSES IN THIS CASE WERE FACIALLY DUPLICATIVE, AND IF SO, WHETHER THE MILITARY JUDGE ERRED IN ACCEPTING APPELLANT'S GUILTY PLEAS TO THOSE OFFENSES.

 

Briefs will be filed under Rule 25.

 

Petition for Grant of Review - Summary Disposition

 

No. 22-0196/NA. U.S. v. Isiah Anthony P. Causey. CCA 202000228. On further consideration of the granted issue, __ M.J. __ (C.A.A.F. 2022), it is ordered that the Court's order issued August 3, 2022, granting the petition for grant of review is vacated as improvidently granted, and said petition is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 25, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0267/MC. U.S. v. Kirk A. Kostrzewski. CCA 202100332.

No. 22-0268/AF. U.S. v. Cion T. Monge. CCA 39781.

No. 22-0269/AR. U.S. v. Jacob D. McCormick. CCA 20210449.

 

Mandate Issued

 

No. 21-0341/AF. U.S. v. Daniel A. Bench. CCA 39797.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, August 24, 2022

 

Petition for Grant of Review Denied

 

No. 22-0240/MC. U.S. v. Michael A. True. CCA 202100152.

 

Interlocutory Order

 

No. 22-0266/AF. U.S. v. Mamadou S. Mar. CCA 39708. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 13, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 23, 2022

 

Petition for Grant of Review Filed

 

No. 22-0266/AF. U.S. v. Mamadou S. Mar. CCA 39708.

 

Petition for Grant of Review Denied

 

No. 22-0236/AR. U.S. v. David L. Revelsvelez. CCA 20210494.

 

Interlocutory Order

 

No. 22-0065/NA. U.S. v. Willie C. Jeter. CCA 201700248. Appellee's second motion to extend time to file a brief is granted to August 31, 2022.

 

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, September 2, 2022. For purposes of computation of time and motions to enlarge time under the Court's Rules of Practice and Procedure, September 2, 2022, will be considered a day when the Court is closed.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 19, 2022

 

Petitions for Grant of Review Denied

 

No. 22-0215/MC. U.S. v. Trevor N. Martin. CCA 202100306.

No. 22-0232/NA. U.S. v. Jose Tejeda. CCA 202100176.

 

Interlocutory Orders

 

No. 22-0264/AF. U.S. v. Nicholas F. Emas. CCA 40020. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 8, 2022.

 

No. 22-0265/AF. U.S. v. James M. Aumont. CCA 39673. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 8, 2022.

 

Special Docket Matter

 

No. 28747. In the matter of David H. Miller. It appearing that the above-named attorney is a member of the Bar of this Court and that he has been disbarred in the Commonwealth of Virginia, and considering Rule 15(b), Rules of Practice and Procedure, U.S. Court of Appeals for the Armed Forces, it is ordered that David H. Miller is hereby disbarred from the practice of law before this Court.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 18, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0264/AF. U.S. v. Nicholas F. Emas. CCA 40020.

No. 22-0265/AF. U.S. v. James M. Aumont. CCA 39673.

 

Order Granting Petition for Review

 

No. 22-0226/AR. U.S. v. Nicholas J. Apgar. CCA 20200615. On consideration of the 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 on the following issue:

 

WHETHER APPELLANT WAS DEPRIVED OF HIS CONSTITUTIONAL RIGHT TO A UNANIMOUS VERDICT.

 

No briefs will be filed under Rule 25. 




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 16, 2022

 

Petition for Grant of Review Filed

 

No. 22-0263/AR. U.S. v. Eric M. Torness. CCA 20210198.

 

Interlocutory Orders

 

No. 22-0244/AF. U.S. v. Jesus Martinez. CCA 39903. On consideration of Appellant's petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, and Appellee's motion to dismiss the petition, it is noted that the Court of Criminal Appeals affirmed some findings of guilt and set aside other findings of guilt and the sentence and authorized a rehearing. Under Article 67(c), Uniform Code of Military Justice, 10 U.S.C. 867(c) (2018), this Court has jurisdiction to consider the petition.However, given the possibility of a rehearing, the petition is not ripe for review at this time. Accordingly, it is ordered that the petition for grant of review is denied without prejudice to Appellant's right to raise the matters asserted during the normal course of appellate review, and the motion to dismiss is denied as moot. 

 

No. 22-0258/AR. U.S. v. Roberto Aikanoff, Jr. CCA 20200423. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 6th, 2022.

 

No. 22-0260/MC. U.S. v. Troy R. Tribble. CCA 202100073. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 6th, 2022.

 

No. 22-0261/AR. U.S. v. Austin M. Roe. CCA 20200144. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 6th, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 15, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0261/AR. U.S. v. Austin M. Roe. CCA 20200144.

No. 22-0262/AR. U.S. v. Austin S. Meeks. CCA 20210654.

 

Petition for Grant of Review Denied

 

No. 22-0228/AR. U.S. v. Braton A. Hart. CCA 20210417.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 12, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0258/AR. U.S. v. Roberto Aikanoff, Jr. CCA 20200423.

No. 22-0259/AR. U.S. v. Erick V. Vargas. CCA 20220168.

No. 22-0260/MC. U.S. v. Troy R. Tribble. CCA 202100073.

 

Interlocutory Order

 

No. 22-0242/NA. U.S. v. Keshawn M. Bocage. CCA 202000206. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to August 29, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 11, 2022

 

Interlocutory Orders

 

No. 22-0234/AR. U.S. v. Byunggu Kim. CCA 20200689. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to August 26, 2022.

 

No. 22-0256/AF. U.S. v. Deric W. Prescott. CCA 39931. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 31, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, August 10, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0255/AR. U.S. v. Symone T. Brown. CCA 20210208.

No. 22-0256/AF. U.S. v. Deric W. Prescott. CCA 39931.

No. 22-0257/AR. U.S. v. Richard Z. Banzali. CCA 20210316.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 9, 2022

 

Petitions for Grant of Review Denied

 

No. 22-0220/AR. U.S. v. Ezekiel Walker. CCA 20210325.

No. 22-0224/AR. U.S. v. Virico L. Nelson. CCA 20210423.

No. 22-0225/AR. U.S. v. Nikolas A. Campbell. CCA 20210502.

 

Interlocutory Order

 

No. 22-0253/AF. U.S. v. Deric W. Prescott. CCA 2022-03. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 29, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 8, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0252/AR. U.S. v. Cory D. Randolph. CCA 20210456.

No. 22-0253/AF. U.S. v. Deric W. Prescott. CCA 2022-03.

No. 22-0254/AR. U.S. v. Andrew D. Steele. CCA 20170303.

 

Appeal - Summary Disposition

 

No. 22-0023/AR. U.S. v. Michael L. McClure. CCA 20190623. On further consideration of the granted issue, 82 M.J. 194 (C.A.A.F. 2022), and in light of United States v. Mellette, __ M.J. __ (C.A.A.F. July 27, 2022), we conclude that even assuming some error by the military judge, Appellant was not prejudiced. Accordingly, it is ordered that the judgment of the United States Army Court of Criminal Appeals is affirmed.

 

Mandate Issued

 

No. 21-0216/NA. U.S. v. Joseph R. Nelson. CCA 201900239.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, August 5, 2022

 

Interlocutory Orders

 

No. 22-0209/AR. U.S. v. Hunter S. Hamilton. CCA 20200528. Appellant's motion for leave to attach Defense Appellate Exhibit A is granted.

 

No. 22-0251/AF. U.S. v. Deontre M. White. CCA 39917. Appellant's motion to extend time to file the supplement to the petition for the grant of review is granted to August 25, 2022.

 

Mandate Issued

 

No. 21-0357/AF. U.S. v. Manuel Palacios Cueto. CCA 39815.

 

Notices

 

No. 22-0008/AF. U.S. v. Norbert A. King II. CCA 39583. In view of the existence of a vacant position on the Court, notice is hereby given that the Chief Judge has called upon Senior Judge Andrew S. Effron to perform judicial duties in the above-referenced case, and that Senior Judge Effron has consented to perform judicial duties in said case under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. 942(e)(1)(A)(ii) (2018).

 

No. 22-0100/AF. U.S. v. Sean W. Harrington. CCA 39825. In view of the existence of a vacant position on the Court, notice is hereby given that the Chief Judge has called upon Senior Judge Andrew S. Effron to perform judicial duties in the above-referenced case, and that Senior Judge Effron has consented to perform judicial duties in said case under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. 942(e)(1)(A)(ii) (2018).

 

No. 22-0122/AF. U.S. v. Katelyn L. Day. CCA 39962. In view of the existence of a vacant position on the Court, notice is hereby given that the Chief Judge has called upon Senior Judge Andrew S. Effron to perform judicial duties in the above-referenced case, and that Senior Judge Effron has consented to perform judicial duties in said case under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. 942(e)(1)(A)(ii) (2018).

 

No. 22-0193/AF. U.S. v. Anthony A. Anderson. CCA 39969. In view of the existence of a vacant position on the Court, notice is hereby given that the Chief Judge has called upon Senior Judge Andrew S. Effron to perform judicial duties in the above-referenced case, and that Senior Judge Effron has consented to perform judicial duties in said case under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. 942(e)(1)(A)(ii) (2018).




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, August 4, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0250/AF. U.S. v. Perrion K. Burnett. CCA 39999.

No. 22-0251/AF. U.S. v. Deontre M. White. CCA 39917.

 

Petition for Grant of Review Denied

 

No. 22-0203/AR. U.S. v. Abbie S. Cruz. CCA 20200389.

 

Interlocutory Orders

 

No. 22-0234/AR. U.S. v. Byunggu Kim. CCA 20200689. On consideration of the motion filed by Major Julia M. Farinas for leave to withdraw as appellate 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 the motion is granted.

 

No. 22-0249/CG. U.S. v. Fernando M. Brown. CCA 001-69-21. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 24, 2022.

 

No. 22-0250/AF. U.S. v. Perrion K. Burnett. CCA 39999. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 24, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, August 3, 2022

 

Petition for Grant of Review Filed

 

No. 22-0249/CG. U.S. v. Fernando M. Brown. CCA 001-69-21.

 

Orders Granting Petition for Review

 

No. 22-0165/AF. U.S. v. Jonathan M. Martinez. CCA 39973. 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, BY DENYING APPELLANT'S MOTION TO INSTRUCT THE PANEL THAT A GUILTY VERDICT REQUIRED UNANIMITY, THE MILITARY JUDGE VIOLATED APPELLANT'S FIFTH OR SIXTH AMENDMENT RIGHTS.

 

No briefs will be filed under Rule 25.

 

No. 22-0196/NA. U.S. v. Isiah Anthony P. Causey. CCA 202000228. 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 granted on the following issue:

 

DO MILITARY DEFENDANTS HAVE A RIGHT TO UNANIMOUS VERDICTS FOR SERIOUS OFFENSES TRIED AT COURTS-MARTIAL, IN LIGHT OF RAMOS v. LOUISIANA, 140 S. CT. 1390 (2020)?

 

No briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 22-0065/NA. U.S. v. Willie C. Jeter. CCA 201700248. Appellant's motion to extend time to file a brief is granted to August 24, 2022.

 

No. 22-0105/AR. U.S. v. David J. Rudometkin. CCA 20180058. Appellee's motion, filed propria persona, to supplement the record is denied.

 

No. 22-0233/AR. U.S. v. Margarito Miramontes. CCA 20200476. On consideration of the motion filed by Major Julia M. Farinas for leave to withdraw as appellate 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 the motion is granted.

 

No. 22-0246/AR. U.S. v. Ronnie L. Paasch. CCA 20200648. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to September 7, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, August 2, 2022

 

Petition for Grant of Review Filed

 

No. 22-0248/AF. U.S. v. Terrance Little II. CCA 40121.

 

Miscellaneous Docket - Summary Disposition

 

No. 22-0229/AR. Keith Ferreira, Appellant v. United States, Appellee and Charles L. Pritchard, Colonel, Military Judge, Respondent. CCA 20220034. On consideration of the writ-appeal petition, it is ordered that the writ-appeal petition is denied.

 

Interlocutory Order

 

No. 22-0247/NA. U.S. v. Anthony D. Stith. CCA 202100335. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 22, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, August 1, 2022

 

Petition for Grant of Review Denied

 

No. 22-0187/AR. U.S. v. Ahmad R. Alhadi. CCA 20190825.

 

Interlocutory Orders

 

No. 22-0065/NA. U.S. v. Willie C. Jeter. CCA 201700248. Appellant's motions to file the brief under seal and to file the joint appendix under seal are granted.

 

No. 22-0244/AF. U.S. v. Jesus Martinez. CCA 39903. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 22, 2022.



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