UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 31, 2023

 

Petition for Grant of Review Filed

 

No. 23-0100/NA. U.S. v. Jose A. Martinez. CCA 202100206.

 

Petitions for Grant of Review Denied

 

No. 23-0044/AR. U.S. v. Jeremy D. Davies. CCA 20210641.

No. 23-0056/AR. U.S. v. Justin A. Bridges-Thompson. CCA 20220009.

No. 23-0060/AR. U.S. v. Teitus A. Tanihu. CCA 20210634.

 

Petition for Grant of Review - Summary Disposition

 

No. 23-0067/MC. U.S. v. Gunnar I. Naughton. CCA 202100285. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, we note that the military judge adjudged a sentence of a bad-conduct discharge, confinement for a total of 16 months, forfeiture of all pay and allowances, and reduction to pay grade E-1. The record also shows that the convening authority approved the adjudged sentence, without modification. In listing the adjudged sentence in its per curiam opinion, the lower court incorrectly stated that the adjudged sentence included confinement for 14 months, vice 16 months. It then affirmed the sentence.

 

Appellant has not asserted any error by the lower court in this respect. However, it is unclear whether confinement for 16 months or 14 months was affirmed. Under Article 67(c), Uniform Code of Military Justice (UCMJ), 10 U.S.C. 867(c) (2018), this Court can only act with respect to the findings and sentence as affirmed by a court of criminal appeals. If the affirmed sentence is ambiguous, the appropriate remedy is a remand for clarification. United States v. Kosek, 41 M.J. 60, 65 (C.M.A. 1994) ("The appropriate remedy for incomplete or ambiguous rulings is a remand for clarification."). Accordingly, because of the ambiguity as to the affirmed sentence, it is ordered that said petition is hereby granted on the following specified issue:

 

WHETHER THE DECISION OF THE UNITED STATES NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS IS AMBIGUOUS AS TO WHETHER THE AFFIRMED SENTENCE INCLUDED CONFINEMENT FOR 16 MONTHS OR 14 MONTHS.

 

The decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed as to findings but set aside as to sentence. The record of trial is returned to The Judge Advocate General of the Navy for remand to the United States Navy-Marine Corps Court of Criminal Appeals for clarification as to the affirmed sentence. Thereafter Article 67, UCMJ, shall apply.

 

Interlocutory Orders

 

No. 23-0090/AR. U.S. v. Samuel H. Zimmer. CCA 20200671. Appellant's motion to extend time to file the supplement to the petition for the grant of review is granted to February 28, 2023.

 

No. 23-0099/AF. U.S. v. Lonnie E. Sanders III. CCA S32714. Appellant's motion to extend time to file the supplement to the petition for the grant of review is granted to February 21, 2023.

 

Notice

 

In Re Rules Advisory Committee: Pursuant to Rule 45 of the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, the following person is, this 31st day of January, 2023, hereby appointed as a member of the Rules Advisory Committee, effective February 1, 2023, to serve the remainder of Ms. Audrey B. Critchley's term expiring on September 30, 2024:

Mr. John P. Taitt, Esq.

 

The following members, whose terms expire on the dates indicated below, remain on the Rules Advisory Committee:

To expire on September 30, 2023:

Mr. William A. DeCicco, Esq.

Ms. Rebecca S. Snyder, Esq.

Mr. Matthew G. Kaiser, Esq.

To expire on September 30, 2024:

Mr. Dwight H. Sullivan, Esq.

Mr. Thomas E. Booth, Esq.

 

To expire on September 30, 2025:

Prof. Alan B. Morrison (Chair)

Ms. Michelle Lindo McCluer, Esq.

Ms. Carol K. Joyce, Esq.

 

The Clerk of the Court is a member of the Committee and serves as its Reporter.

 

The Court expresses its deep appreciation to Ms. Critchley for her many years of distinguished service as a member of the Rules Advisory Committee.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, January 30, 2023

 

Petition for Grant of Review Filed

 

No. 23-0099/AF. U.S. v. Lonnie E. Sanders III. CCA S32714.

 

Orders Granting Petition for Review

 

No. 22-0294/MC. U.S. v. Eric N. Vance. CCA 202100024. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeal, it is ordered that said petition is hereby 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.

 

No. 23-0050/AR. U.S. v. Cory M. Garrett. CCA 20210298. 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 hereby granted on the following issue:

 

DID THE MILITARY JUDGE DENY APPELLANT'S FIFTH AMENDMENT RIGHT TO A UNANIMOUS VERDICT?

 

No briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 27, 2023

 

Petition for Grant of Review Filed

 

No. 23-0098/AR. U.S. v. Hayden R. Elder. CCA 20210330.

 

Petition for Grant of Review Denied

 

No. 23-0069/AR. U.S. v. Khaleed D. Barrett. CCA 20210639.

 

Interlocutory Order

 

No. 23-0081/NA. U.S. v. Aaren D. Painter. CCA 202200098. Appellant's motion to withdraw the petition for grant of review is granted, and the petition is withdrawn.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 26, 2023

 

Petition for Grant of Review Filed

 

No. 23-0097/MC. U.S. v. Jose G. Gomezvillalobos. CCA 202100215.

 

Interlocutory Orders

 

No. 20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325. On consideration of Intervenor E.B.'s motion for a permanent stay of the order of the lower court, motion for a hearing, and motion to file under seal Appendix C of the motion for a permanent stay, it is ordered that said motion to stay is hereby dismissed and that the Court's order issued December 22, 2022, temporarily staying the lower court's order is hereby vacated. This Court lacks jurisdiction over this matter because in United States v. Jacinto, 81 M.J. 350, 355 (C.A.A.F. 2021), the Court remanded both the record and the case to the United States Navy-Marine Corps Court of Criminal Appeals and because a writ petition is not before the Court. That said motion for a hearing is denied as moot; and that said motion to file under seal Appendix C of the motion for a permanent stay is denied as moot.

 

No. 23-0005/CG. U.S. v. Solomon R. Flores. CCA 1474. On consideration of Appellant's motion to attach DAC-IPAD transcript, it is ordered that the motion is denied.

 

No. 23-0027/AF. U.S. v. James T. Cunningham. CCA 40093. On consideration of Appellant's motion to expedite or postpone oral argument, dated January 12, 2023, with a suggestion that the hearing be set for some time in March 2023, it is noted that on January 18, 2023, a Hearing Notice was issued scheduling the hearing for March 29, 2023. Accordingly, it is ordered that the motion is denied as moot.

 

No. 23-0070/AR. U.S. v. Moises Ortega. CCA 20220119. On consideration of Appellant's motion to withdraw the petition for grant of review, it is ordered that the motion is granted; and that the petition is withdrawn.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 25, 2023

 

Petitions for Grant of Review Filed

 

No. 23-0095/AR. U.S. v. David J. Kremer. CCA 20210431.

No. 23-0096/AR. U.S. v. Justin D. Munoz. CCA 20210338.

 

Interlocutory Order

 

No. 23-0086/AF. U.S. v. Jamal X. Washington. CCA 2022-14. Appellant's motion to extend time to file a reply to the response to the writ-appeal petition is granted to February 2, 2023.

 

Hearing

 

No. 22-0237/AF. U.S. v. Caleb A.C. Smith. CCA 40013.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 24, 2023

 

Interlocutory Orders

 

No. 23-0092/AR. U.S. v. Mariano Cerrud. CCA 20210185. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 13, 2023.

 

No. 23-0093/AF. U.S. v. Jeremy T. Todd. CCA S32701. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 13, 2023.

 

No. 23-0094/AF. U.S. v. Javohn I. Journigan. CCA S33716. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 13, 2023.

 

Hearings

 

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

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, January 23, 2023

 

Petitions for Grant of Review Filed

 

No. 23-0093/AF. U.S. v. Jeremy T. Todd. CCA S32701.

No. 23-0094/AF. U.S. v. Javohn I. Journigan. CCA S33716.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 20, 2023

 

Petition for Grant of Review Filed

 

No. 23-0092/AR. U.S. v. Mariano Cerrud. CCA 20210185.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 19, 2023

 

Petitions for Grant of Review Filed

 

No. 23-0090/AR. U.S. v. Samuel H. Zimmer. CCA 20200671.

No. 23-0091/AR. U.S. v. Utumea F. Galu. CCA 20220015.

 

Interlocutory Order

 

No. 23-0088/AR. U.S. v. Jacob B. Fuller. CCA 20200729. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 8, 2023.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 18, 2023

 

Petition for Grant of Review Denied

 

No. 23-0062/MC. U.S. v. Devan C. Un. CCA 202200102.

 

Interlocutory Orders

 

No. 22-0279/MC. U.S. v. Ethan R. Shields. CCA 202100061. Appellee's motion to extend time to file a brief is granted to February 3, 2023.

 

No. 23-0087/AR. U.S. v. Dylan B. Oerman. CCA 20210355. Appellant's motion to extend time to file the supplement to the petition for grant of is granted to February 7, 2023.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 17, 2023

 

Petition for Grant of Review Filed

 

No. 23-0089/AR. U.S. v. Mark A. Polizzi. CCA 20210613.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 13, 2023

 

Petitions for Grant of Review Filed

 

No. 23-0087/AR. U.S. v. Dylan B. Oerman. CCA 20210355.

No. 23-0088/AR. U.S. v. Jacob B. Fuller. CCA 20200729.

 

Interlocutory Orders

 

No. 22-0282/AR. U.S. v. Ashraf S. Warda. CCA 20200644. On consideration of the motion filed by the National Association of Criminal Defense Lawyers for leave to file an amicus brief in support of Appellant, it is ordered that the motion is granted.

 

No. 23-0027/AF. U.S. v. James T. Cunningham. CCA 40093. Appellant's motion for leave to file portions of the joint appendix under seal is granted.

 

No. 23-0076/AF. U.S. v. Lucio Salamanca. CCA S32695. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to February 2, 2023.

 

No. 23-0082/AR. U.S. v. Willis A. Grant. CCA 20200645. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 2, 2023.

 

No. 23-0083/AF. U.S. v. John K. Brassil-Kruger. CCA 40223. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 2, 2023.

 

No. 23-0084/AF. U.S. v. Joshua D. McCameron. CCA 40089. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 2, 2023.

 

No. 23-0085/AF. U.S. v. Jonel H. Guihama. CCA 40039. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 2, 2023.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 12, 2023

 

Petitions for Grant of Review Filed

 

No. 23-0083/AF. U.S. v. John K. Brassil-Kruger. CCA 40223.

No. 23-0084/AF. U.S. v. Joshua D. McCameron. CCA 40089.

No. 23-0085/AF. U.S. v. Jonel H. Guihama. CCA 40039.

 

Petition for Grant of Review Denied

 

No. 23-0048/AR. U.S. v. Anthony A. Lilore. CCA 20210642.

 

Miscellaneous Docket - Filing

 

No. 23-0086/AF. U.S. v. Jamal X. Washington. CCA 2022-14. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Air Force Court of Criminal Appeals on application for extraordinary relief was filed under Rule 27(b) on this 12th day of January, 2023.

 

Order Granting Petition for Review

 

No. 23-0001/AR. U.S. v. Cameron M. Mays. CCA 20200623. 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 hereby granted on the following issue:

 

WHETHER THE OFFENSE OF INDECENT VIEWING UNDER ARTICLE 120c, UCMJ, INCLUDES VIEWING A VISUAL IMAGE OF THE PRIVATE AREA OF ANOTHER PERSON.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 22-0234/AR. U.S. v. Byunggu Kim. CCA 20200689. Appellant's motion to extend time to file a reply brief is granted to January 23, 2023.

 

No. 23-0066/AF. U.S. v. Alexander L. Driskill. CCA 39889. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to February 10, 2023.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 11, 2023

 

Petition for Grant of Review Filed

 

No. 23-0082/AR. U.S. v. Willis A. Grant. CCA 20200645.

 

Interlocutory Orders

 

No. 21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. The pleadings have been received in this case and oral argument will be heard on March 28, 2023. Appellant and Appellee are directed to seek agreement on the issues to be heard at oral argument and to so advise the Court on or before January 23, 2023. If agreement cannot be reached, the parties will so advise the Court by the same date, identifying the issues agreed upon and in dispute, and the Court will resolve any differences. Ordinarily, C.A.A.F. R. 40(b)(3) allots 20 minutes per side to present oral argument. Given the nature of this case on mandatory review, the Rule is hereby suspended and each side is allotted 60 minutes. Any motion for time beyond 60 minutes must be filed on or before January 23, 2023.

 

No. 23-0057/AF. U.S. v. Jennesis V. Dominguez-Garcia. CCA S3269S. On consideration of Appellant's petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, Appellee's motion to dismiss the petition, and Appellant's motion to extend time to file the supplement to the petition for grant of review, it is noted that the Court of Criminal Appeals affirmed the findings of guilt but set aside 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 course of normal appellate review, and the motion to dismiss the petition for grant of review and the motion to extend time to file the supplement to the petition for grant of review are denied as moot.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 10, 2023

 

Interlocutory Orders

 

No. 21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. Appellant's motions to file a reply brief under seal, for leave to file a reply brief in excess of page limitations, and for leave to file a second supplemental joint appendix are granted.

 

No. 22-0065/NA. U.S. v. Willie C. Jeter. CCA 201700248. Appellee's motion to return Appellant's supplemental brief is denied.

 

No. 23-0055/MC. U.S. v. Travonte D. Williams. CCA 202100094. Appellant's third motion to extend time to file the supplement to the petition for grant of review, is granted, but only up to and including January 17, 2023, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 23-0081/NA. U.S. v. Aaren D. Painter. CCA 202200098. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to January 30, 2023.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, January 9, 2023

 

Petitions for Grant of Review Filed

 

No. 23-0078/AR. U.S. v. Sun T. Xiong. CCA 20210579.

No. 23-0079/AF. U.S. v. Kevin M. Rosales Gomez. CCA S32713.

No. 23-0080/AR. U.S. v. Anthony R. Ramirez. CCA 20210376.

No. 23-0081/NA. U.S. v. Aaren D. Painter. CCA 202200098.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 6, 2023

 

Petition for Grant of Review Filed

 

No. 23-0077/AF. U.S. v. Daesha R. Heard. CCA 40159.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 3, 2023

 

Petition for Grant of Review Denied

 

No. 23-0025/AF. U.S. v. Jared J. Baird. CCA 40050.

 

Interlocutory Orders

 

No. 23-0063/AR. U.S. v. Kevin S. Miles. CCA 20210227. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to January 23, 2023.

 

No. 23-0076/AF. U.S. v. Lucio Salamanca. CCA S32695. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to January 23, 2023.



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