UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, March 30, 2022

 

Interlocutory Orders

 

No. 22-0091/AF. U.S. v. Javon C. Richard. CCA 39918. Appellee's motion for leave to examine sealed materials is granted.

 

No. 22-0134/AF. U.S. v. Frank M. Vargas. CCA 38991. Appellant's motion for leave to examine sealed materials is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 29, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0153/AR. U.S. v. Edward D. Reed. CCA 20210063.

No. 22-0154/AF. U.S. v. Brandon M. Leach. CCA 39805.

 

Petitions for Grant of Review Denied

 

No. 22-0049/AR. U.S. v. Theodore C. Nalezynski. CCA 20200038.

No. 22-0059/AR. U.S. v. Quinten L. Smith. CCA 20210035.

No. 22-0085/AR. U.S. v. Justin D. Ruffin. CCA 20210114.

No. 22-0086/AR. U.S. v. Michael D. Thompson. CCA 20140974.

No. 22-0097/AF. U.S. v. Constance S. Vaughn. CCA S32649.

No. 22-0102/AF. U.S. v. Jamie Parra. CCA S32653.

No. 22-0107/AF. U.S. v. William H. Marable. CCA 39954.

No. 22-0116/AR. U.S. v. Lazaro S. Juarez. CCA 20200632.

 

Interlocutory Order

 

No. 22-0151/AF. U.S. v. Joshua W. Dodson. CCA 20051. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 18, 2022.

 

Hearings

 

No. 22-0052/AR. U.S. v. Samuel B. Badders. CCA 20200735.

No. 22-0066/AR. U.S. v. Ethen D. Black. CCA 20210310.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 28, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0150/AR. U.S. v. Patrick H. Hatfield, Jr. CCA 20200410.

No. 22-0151/AF. U.S. v. Joshua W. Dodson. CCA 20051.

No. 22-0152/AR. U.S. v. Ian M. Mendez. CCA 20200726.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 25, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0148/AR. U.S. v. Quincy T. Ottley. CCA 20210148.

No. 22-0149/AR. U.S. v. Henry G. RojasDavila. CCA 20210285.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, March 24, 2022

 

Petition for Grant of Review Denied

 

No. 22-0118/AF. U.S. v. Godric A. Ramirez. CCA 2021-05. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals on appeal by the Appellant under Article 62, Uniform Code of Military Justice, 10 U.S.C. 862, it is ordered that the petition is denied without prejudice to Appellant's right to raise the matter asserted during the normal course of appellate review.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, March 23, 2022

 

Petition for Grant of Review Filed

 

No. 22-0147/AR. U.S. v. Lonnie J. Russell, Jr. CCA 20200719.

 

Petitions for Grant of Review Denied

 

No. 22-0096/AR. U.S. v. Christopher E. Alfaro. CCA 20210166.

No. 22-0108/AR. U.S. v. Zachary T. Hagene. CCA 20210101.

 

Interlocutory Order

 

No. 22-0140/AF. U.S. v. Jacob M. Huff. CCA 39845. On consideration of the motion filed by Appellant to examine sealed materials, it is ordered that the motion is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 22, 2022

 

Miscellaneous Docket - Summary Disposition

 

No. 22-0125/NA. Joshua G. Anderson, Appellant v. United States, Appellee. CCA 201200499. On consideration of the writ-appeal petition, it is ordered that the writ-appeal petition is dismissed for lack of jurisdiction.

 

Order Granting Petition for Review

 

No. 22-0008/AF. U.S. v. Norbert A. King II. CCA 39583. 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:

 

WAS APPELLANT'S COURT-MARTIAL IMPROPERLY CONSTITUTED BECAUSE THE CONVENING AUTHORITY EXCUSED A MEMBER AFTER THE COURT-MARTIAL WAS ASSEMBLED WITHOUT ESTABLISHING GOOD CAUSE ON THE RECORD FOR EXCUSING HIM?

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 21, 2022

 

Petition for Grant of Review Filed

 

No. 22-0146/AR. U.S. v. Jamin D. Roscoe. CCA 20210250.

 

Interlocutory Orders

 

No. 22-0008/AF. U.S. v. Norbert A. King II. CCA 39583. On consideration of the motion filed by the National Institute of Military Justice for leave to file an amicus curiae brief in support of Appellant, it is ordered that the motion is denied.

 

No. 22-0090/AF. U.S. v. Andrew P. Witt. CCA 36785. Appellant's motion for leave to file a supplement to the petition for grant of review that exceeds the size limitations is granted.

 

No. 22-0145/AR. U.S. v. Christopher R. Batissa. CCA 20200509. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 11, 2022.

 

Mandate Issued

 

No. 21-0183/NA. U.S. v. Frantz Beauge. CCA 201900197.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 18, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0144/AR. U.S. v. Robert J. Guzman. CCA 20200296.

No. 22-0145/AR. U.S. v. Christopher R. Batissa. CCA 20200509.

 

Petitions for Grant of Review Denied

 

No. 22-0079/AR. U.S. v. Brandon M. Campbell. CCA 20200710.

No. 22-0087/NA. U.S. v. Darron S. Rovito. CCA 202100098.

No. 22-0104/NA. U.S. v. Victor M. Green. CCA 202100032.

No. 22-0114/AR. U.S. v. Tony D. Collins. CCA 20210318.

 

Miscellaneous Docket - Summary Disposition

 

No. 22-0124/AR. Joshua R. Sickels v. U.S. CCA 20220025. On consideration of the writ-appeal petition, it is ordered that the writ-appeal petition is dismissed for lack of jurisdiction.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, March 17, 2022

 

Petition for Grant of Review Filed

 

No. 22-0143/AR. U.S. v. Hector L. Lopez, Jr. CCA 20200642.

 

Petition for Grant of Review - Summary Disposition

 

No. 22-0119/AR. U.S. v. Patrick A. Kenneh. CCA 20210383. 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 THE LOWER COURT APPROVED AN UNLAWFUL SENTENCE TO FORFEITURES OF $1,320 PAY PER MONTH FOR FIVE MONTHS, WHICH EXCEEDED THE MAXIMUM FORFEITURES ALLOWED FOR APPELLANT'S REDUCED PAY GRADE OF $1,190 PAY PER MONTH.

 

The decision of the United States Army Court of Criminal Appeals is affirmed as to findings and to only so much of the sentence as provides for forfeiture of $1,190 pay per month for five months, reduction to pay grade E-1, confinement for five months, and a bad-conduct discharge. See Article 19(a), Uniform Code of Military Justice, 10 U.S.C. 819(a) (2018) and Rule for Courts-Martial 1003(b)(2).

 

Miscellaneous Docket - Summary Disposition

 

No. 22-0120/NA. Decker B. Jordan v. U.S. CCA 201100621. On consideration of the writ-appeal petition and the motion to file the writ-appeal petition out of time, it is ordered that the writ-appeal petition is dismissed for lack of jurisdiction, and the motion to file the writ-appeal petition is denied as moot.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, March 16, 2022

 

Petition for Grant of Review Filed

 

No. 22-0142/AR. U.S. v. Ruben A. Pagan. CCA 20210196.

 

Interlocutory Order

 

No. 22-0141/AF. U.S. v. Patrick A. Caffrey. CCA 39879. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 5, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 15, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0140/AF. U.S. v. Jacob M. Huff. CCA 39845.

No. 22-0141/AF. U.S. v. Patrick A. Caffrey. CCA 39879.

 

Petitions for Grant of Review Denied

 

No. 22-0021/AF. U.S. v. David A. Tellor, Jr. CCA 39770.

No. 22-0042/AR. U.S. v. Ebony R. Washington. CCA 20210024.

No. 22-0075/AR. U.S. v. Jacob C. Abernathy. CCA 20210025.

No. 22-0088/AR. U.S. v. Brandon H. Ramirez. CCA 20210127.

No. 22-0093/AR. U.S. v. Dakota R. Kohlhof. CCA 20200297.

No. 22-0094/AR. U.S. v. Miguel A. Ibarra. CCA 20210078.

No. 22-0103/AR. U.S. v. Dylan P. Williams. CCA 20200293.

 

Interlocutory Orders

 

No. 21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. On consideration of Appellant's motions to exceed the page limitations, to extend time to file a joint appendix, and to modify the order of issues presented in Appellant's brief, it is ordered that the motion to exceed page limitations is granted up to 250 pages, the motion to extend time to file a joint appendix is granted to April 20, 2022, and the motion to modify the order of issues presented in Appellant's brief is granted.

 

No. 22-0140/AF. U.S. v. Jacob M. Huff. CCA 39845. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 4, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 14, 2022

 

Petitions for Grant of Review Filed

 

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

No. 22-0138/AR. U.S. v. Dejon A. Yearling. CCA 20200385.

No. 22-0139/AR. U.S. v. Randall S. Hughes. CCA 20210152.

 

Petitions for Grant of Review Denied

 

No. 22-0077/AR. U.S. v. Montanna J. Cox. CCA 20210095.

No. 22-0078/AR. U.S. v. Clayton L. Mobley. CCA 20210048.

 

Orders Granting Petition for Review

 

No. 22-0098/AF. U.S. v. Chase M. Thompson. CCA 40019. 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:

 

DID THE COURT OF CRIMINAL APPEALS ERR BY REQUIRING THAT APPELLANT INTRODUCE DIRECT EVIDENCE OF HIS SUBJECTIVE BELIEF TO MEET HIS BURDEN FOR A REASONABLE MISTAKE OF FACT DEFENSE?

 

Briefs will be filed under Rule 25.

 

No. 22-0100/AF. U.S. v. Sean W. Harrington. CCA 39825. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it ordered that said petition is granted on the following issues:

 

I. WHETHER THE EVIDENCE IS LEGALLY SUFFICIENT TO SUPPORT APPELLANT'S CONVICTION FOR COMMUNICATING A THREAT.

 

II. DID THE MILITARY JUDGE ABUSE HIS DISCRETION BY REFUSING TO INSTRUCT THE MEMBERS OF THE MAXIMUM CONFINEMENT FOR EACH OFFENSE, WHICH ULTIMATELY RESULTED IN AN EXCESSIVE 14-YEAR SENTENCE?

 

III. WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION IN ALLOWING THE VICTIM'S PARENTS TO TAKE THE WITNESS STAND AND DELIVER UNSWORN STATEMENTS IN QUESTION-AND-ANSWER FORMAT WITH TRIAL COUNSEL.

 

Briefs will be filed under Rule 25.

 

Interlocutory Order

 

No. 22-0134/AF. U.S. v. Frank M. Vargas. CCA 38991. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 4, 2022.

 

Mandates Issued

 

No. 21-0069/AF. U.S. v. Jerard Simmons. CCA 39342.

No. 21-0158/AR. U.S. v. Floyd C. Guyton, Jr. CCA 20180103.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 11, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0132/AR. U.S. v. Kendrick D. Robinson. CCA 20210164.

No. 22-0133/AR. U.S. v. William J. Boling. CCA 20210112.

No. 22-0134/AF. U.S. v. Frank M. Vargas. CCA 38991.

No. 22-0135/AR. U.S. v. Cody D. Pannell. CCA 20210121.

No. 22-0136/AR. U.S. v. Travis L. Poole. CCA 20210257.

 

Mandate Issued

 

No. 21-0004/MC. U.S. v. Julian D. Schmidt. CCA 201900043.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, March 9, 2022

 

Petition for Grant of Review - Summary Disposition

 

No. 22-0037/AR. U.S. v. Matthew D. Lemire. CCA 20190129. 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.*

 

* It is directed that the promulgating order be corrected to delete the requirement that Appellant register as a sex offender.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 8, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0130/AR. U.S. v. Jeremiah S. Garcia. CCA 20190583.

No. 22-0131/NA. U.S. v. Timothy Bork. CCA 202000191.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 7, 2022

 

Petition for Grant of Review Filed

 

No. 22-0129/AR. U.S. v. Nicholas R. St. Jean. CCA 20190663.

 

Petition for Grant of Review Denied

 

No. 22-0024/MC. U.S. v. Adam K. Davis. CCA 202000073.

 

Mandate Issued

 

No. 21-0179/AR. U.S. v. Xavier L. Anderson. CCA 20180447.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 4, 2022

 

Petition for Grant of Review Filed

 

No. 22-0128/AR. U.S. v. Anthony R. Kirk II. CCA 20200449.

 

Interlocutory Orders

 

No. 22-0126/AF. U.S. v. Timothy P. Shaw II. CCA 39960. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 24, 2022.

 

No. 22-0127/MC. U.S. v. Justin T. Barmeyer. CCA 202000169. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 24, 2022.

 

Petition for Reconsideration Denied

 

No. 21-0004/MC. U.S. v. Julian D. Schmidt. CCA 201900043. Appellant's petition for reconsideration of the Court's decision, United States v. Schmidt, ___ M.J. ___ (C.A.A.F. 2022), is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, March 3, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0126/AF. U.S. v. Timothy P. Shaw II. CCA 39960.

No. 22-0127/MC. U.S. v. Justin T. Barmeyer. CCA 202000169.

 

Petitions for Grant of Review Denied

 

No. 22-0001/NA. U.S. v. Marvin J. Masa. CCA 201800314.

No. 22-0082/AF. U.S. v. Christopher P. Finco. CCA S32603.

No. 22-0084/AF. U.S. v. Milford C. Scott. CCA 39352.

 

Miscellaneous Docket - Filings

 

No. 22-0124/AR. Joshua R. Sickels, Appellant v. Warden, ex officio U.S. Penitentiary Tucson, 93 S. Wilmont Rd., Tucson, AZ 85756 (Physical Custodian) and Commandant, U.S. Disciplinary Barracks, ex officio, Fort Leavenworth, 1301 Warehouse Rd., Fort Leavenworth, KS 66027 (Legal Custodian), and United States, Appellees. CCA 20220025. Notice is given that a writ-appeal petition for review of the decision of the United States Army Court of Criminal Appeals on application for extraordinary relief in the nature of a writ of habeas corpus was filed under Rule 27(b) on this date.

 

No. 22-0125/NA. Joshua G. Anderson, Appellant v. United States, Appellee. CCA 201200499. Notice is given that a writ-appeal petition for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals on application for extraordinary relief was filed under Rule 27(b) on this date.

 

Interlocutory Orders

 

No. 22-0087/NA. U.S. v. Darron S. Rovito. CCA 202100098. Appellant's motion to file the supplement to the petition for grant of review out of time is denied.

 

No. 22-0123/AF. U.S. v. Travis D. Pullings. CCA 39948. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 23, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, March 2, 2022

 

Petition for Grant of Review Filed

 

No. 22-0123/AF. U.S. v. Travis D. Pullings. CCA 39948.

 

Interlocutory Order

 

No. 22-0122/AF. U.S. v. Katelyn L. Day. CCA 39962. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 22, 2022.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 1, 2022

 

Petitions for Grant of Review Filed

 

No. 22-0121/AR. U.S. v. Shane C. Portner. CCA 20210130.

No. 22-0122/AF. U.S. v. Katelyn L. Day. CCA 39962.

 

Hearings

 

No. 21-0360/AF. U.S. v. Brandon M. Horne. CCA 39717.

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



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