UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 31, 2023

 

Petitions for Grant of Review Filed

 

No. 23-0187/AR. U.S. v. Alexis Gonzalez. CCA 20220071.

No. 23-0188/AR. U.S. v. Tryvon M. Jones. CCA 20210503.

No. 23-0189/AF. U.S. v. Damien K. Welsh. CCA S32719.

 

Petitions for Grant of Review Denied

 

No. 23-0072/AF. U.S. v. Kevin Li. CCA S32632.

No. 23-0152/AF. U.S. v. Quincy A. Jones. CCA S32717.

 

Petition for Grant of Review - Summary Disposition

 

No. 23-0137/AR. U.S. v. Justin A. Pickens. CCA 20220138. Appellee's motion to dismiss the petition for grant of review is granted, and the petition for grant of review is dismissed.

 

Order Granting Petition for Review

 

No. 23-0164/AF. U.S. v. George E. Lopez. CCA 40161. 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 APPELLANT WAS DEPRIVED OF HIS RIGHT TO A UNANIMOUS VERDICT WHEN THE MILITARY JUDGE DENIED HIS MOTION TO INSTRUCT THE PANEL THAT A GUILTY VERDICT MUST BE UNANIMOUS.

 

No briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 23-0120/AF. U.S. v. Calvin M. Cooper. CCA 40092. On consideration of the motion filed by Attorney David L. Hall to appear pro hac vice, it is ordered that the motion is granted.

 

No. 23-0183/MC. U.S. v. Tyler J. Leger. CCA 202100310. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 20, 2023.

 

No. 23-0184/AR. U.S. v. Shjon M. Kern. CCA 20210302. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 20, 2023.

 

No. 23-0185/NA. U.S. v. Brian J. Kuester. CCA 202100322. Appellant's motion to extend time to file the supplement to the petition for grant of is granted to June 20, 2023.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 30, 2023

 

Petitions for Grant of Review Filed

 

No. 23-0183/MC. U.S. v. Tyler J. Leger. CCA 202100310.

No. 23-0184/AR. U.S. v. Shjon M. Kern. CCA 20210302.

No. 23-0185/NA. U.S. v. Brian J. Kuester. CCA 202100322.

No. 23-0186/NA. U.S. v. Anthony E. Wilson. CCA 202200031.

 

Petitions for Grant of Review Denied

 

No. 23-0148/AF. U.S. v. Kevin E. Hernandez. CCA 40253.

No. 23-0154/NA. U.S. v. Erik D. Miller. CCA 202100273.

No. 23-0157/MC. U.S. v. Nikolus E. Schafferpugh. CCA 202200044.

No. 23-0158/AR. U.S. v. Chandler A. Wills. CCA 20220182.

 

Interlocutory Order

 

No. 23-0169/AR. U.S. v. Kristian R. Pfeffer. CCA 20210263. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to June 14, 2023.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 25, 2023

 

Petitions for Grant of Review Filed

 

No. 23-0181/AR. U.S. v. Zachary B. Craghead. CCA 20210205.

No. 23-0182/MC. U.S. v. Wyatt T. Weil. CCA 202200219.

 

Miscellaneous Docket - Filings

 

No. 23-0179/AR. Gene N. Williams, Appellant v. United States, Appellee. CCA 20130582. 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 mandamus was filed under Rule 27(b) on this date.

 

No. 23-0180/AR. Gene N. Williams, Appellant v. United States, Appellee. CCA 20130582. 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 error coram nobis was filed under Rule 27(b) on this date.

 

Interlocutory Orders

 

No. 23-0149/AR. U.S. v. Cedric B. Matthews. CCA 20210340. Appellant's third motion to extend time to file the supplement to the petition for grant of review is granted, up to and including June 13, 2023, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 23-0153/AR. U.S. v. Jason A. Lewis. CCA 20210434. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted, up to and including June 13, 2023, absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 23-0176/AR. U.S. v. Terry L. Montgomery. CCA 20210110. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 14, 2023.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 24, 2023

 

Petitions for Grant of Review Filed

 

No. 23-0177/AR. U.S. v. Brendan S. Goundry. CCA 20220218.

No. 23-0178/AR. U.S. v. Frankin J. Wickizer. CCA 20220176.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 23, 2023

 

Petitions for Grant of Review Denied

 

No. 23-0036/AR. U.S. v. Sebastian Ventura. CCA 20210049.

No. 23-0055/MC. U.S. v. Travonte D. Williams. CCA 202100094.

No. 23-0133/AF. U.S. v. Larry Kitchen, Jr. CCA 40155.

No. 23-0145/AR. U.S. v. Ronald S. Laird. CCA 20220188.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 22, 2023

 

Petition for Grant of Review Filed

 

No. 23-0176/AR. U.S. v. Terry L. Montgomery. CCA 20210110.

 

Interlocutory Orders

 

No. 23-0160/AR. U.S. v. Christian G. Alvarado. CCA 20210368. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to June 5, 2023.

 

No. 23-0174/AF. U.S. v. Brian W. Alton. CCA 40215. Appellant's motion to extend time to file the supplement to the petition for grant of is granted to June 12, 2023.

 

Mandate Issued

 

No. 22-0234/AR. U.S. v. Byunggu Kim. CCA 20200689.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 19, 2023

 

Petitions for Grant of Review Filed

 

No. 23-0174/AF. U.S. v. Brian W. Alton. CCA 40215.

No. 23-0175/AR. U.S. v. Austin C. Waldrop. CCA 20220002.

 

Interlocutory Order

 

No. 23-0161/AR. U.S. v. Sergio Salcedo. CCA 20210280. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to June 6, 2023.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 18, 2023

 

Interlocutory Orders

 

No. 23-0134/AF. U.S. v. Zachary C. Rocha. CCA 40134. Appellant's motion to submit pages 172 and 173 of the Joint Appendix under seal is denied.

 

No. 23-0163/AF. U.S. v. Matthew P. Leipart. CCA 39711. Appellant's motion to exceed the supplement word count is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 16, 2023

 

Petition for Grant of Review Filed

 

No. 23-0173/AR. U.S. v. Tyanah A. Morris. CCA 20210624.

 

Petition for Grant of Review Denied

 

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

 

Interlocutory Orders

 

No. 23-0139/NA. U.S. v. Thomas H. Martin. CCA 202100089. Appellant's third motion to extend time to file the supplement to the petition for grant of review is granted, up to and including May 17, 2023, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 23-0140/NA. U.S. v. Thomas L. Wheeler. CCA 202100091. Appellant's third motion to extend time to file the supplement to the petition for grant of review is granted, up to and including May 18, 2023, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 23-0147/NA. U.S. v. David M. Diaz. CCA 202100090. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to May 18, 2023.

 

No. 23-0170/AF. U.S. v. Jaime R. Rodriguez. CCA 38519. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 5, 2023.

 

Mandate Issued

 

No. 22-0279/MC. U.S. v. Ethan R. Shields. CCA 202100061.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 15, 2023

 

Petition for Grant of Review Filed

 

No. 23-0172/AR. U.S. v. Shawn S. Campbell. CCA 20210575.

 

Interlocutory Orders

 

No. 23-0149/AR. U.S. v. Cedric B. Matthews. CCA 20210340. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to May 30, 2023.

 

No. 23-0153/AR. U.S. v. Jason A. Lewis. CCA 20210434. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to May 30, 2023.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 12, 2023

 

Petitions for Grant of Review Filed

 

No. 23-0170/AF. U.S. v. Jaime R. Rodriguez. CCA 38519.

No. 23-0171/AR. U.S. v. Marcellus O. McGlothlin. CCA 20220472.

 

Interlocutory Orders

 

No. 23-0130/AR. U.S. v. Brendon D. Rubirivera. CCA 20200268. Appellant's motion to file the supplement to the petition for grant of review out of time is granted.

 

No. 23-0150/MC. U.S. v. Castanedamanzo. CCA 202100229. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to May 31, 2023.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 9, 2023

 

Petitions for Grant of Review Denied

 

No. 23-0128/AR. U.S. v. Andre C. Edwards, Jr. CCA 20210218.

No. 23-0132/AR. U.S. v. Derek T. Witteman. CCA 20220254.

No. 23-0136/AR. U.S. v. Patrick L. Cumbie. CCA 20220419.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 8, 2023

 

Petition for Grant of Review Denied

 

No. 23-0105/NA. U.S. v. Kevin L. Johnson. CCA 202100183.

 

Appeal — Summary Disposition

 

No. 22-0280/AF. U.S. v. D'Andre M. Johnson. CCA 39676. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, and in the light of United States v. Pullings, __ M.J. __ (C.A.A.F. 2023), it is ordered that the granted issue is answered in the negative, and the decision of the United States Air Force Court of Criminal Appeals is therefore affirmed.

 

* HARDY, Judge (concurring in the judgment): For the reasons set forth in my separate opinion in United States v. Pulling, __ M.J. __ (C.A.A.F. 2023) (Hardy, J., concurring in the judgment), I concur in the judgment.

 

Interlocutory Orders

 

No. 23-0134/AF. U.S. v. Zachary C. Rocha. CCA 40134. Appellee's motion to dismiss the certificate of review for lack of jurisdiction for failure to comply with Article 67(a)(2), UCMJ, and motion to dismiss the certificate of review for lack of jurisdiction for failure to certify a matter of law are hereby denied.

 

No. 23-0134/AF. U.S. v. Zachary C. Rocha. CCA 40134. Appellant's motion to supplement the record is hereby denied.

 

No. 23-0139/NA. U.S. v. Thomas H. Martin. CCA 202100089. Appellant's second motion to extend time to file the supplement to the petition for grant of review is hereby granted to May 15, 2023.

 

No. 23-0140/NA. U.S. v. Thomas L. Wheeler. CCA 202100091. Appellant's second motion to extend time to file the supplement to the petition for grant of review is hereby granted to May 16, 2023.

 

No. 23-0165/MC. U.S. v. Bradley M. Metz. CCA 201900089. Appellant's motion to extend time to file the supplement to the petition for grant of review is hereby granted to May 30, 2023.

 

No. 23-0166/AF. U.S. v. Christian A. Rodriguez. CCA 40218. Appellant's motion to extend time to file the supplement to the petition for grant of review is hereby granted to May 30, 2023.

 

No. 23-0167/AF. U.S. v. Garret W. Souders. CCA 40145. Appellant's motion to extend time to file the supplement to the petition for grant of review is hereby granted to May 30, 2023.

 

No. 23-0168/AF. U.S. v. Matthew D. Schauer. CCA 40203. Appellant's motion to extend time to file the supplement to the petition for grant of review is hereby granted to May 30, 2023.

 

No. 23-0169/AR. U.S. v. Kristian R. Pfeffer. CCA 20210263. Appellant's motion to extend time to file the supplement to the petition for grant of review is hereby granted to May 30, 2023.

 

Mandate Issued

 

No. 23-0061/CG. James D. Fink v. Y.B. & U.S. CCA 001-23.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 5, 2023

 

Petition for Grant of Review Filed

 

No. 23-0169/AR. U.S. v. Kristian R. Pfeffer. CCA 20210263.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 4, 2023

 

Petition for Grant of Review Filed

 

No. 23-0168/AF. U.S. v. Matthew D. Schauer. CCA 40203.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 3, 2023

 

Petitions for Grant of Review Filed

 

No. 23-0166/AF. U.S. v. Christian A. Rodriguez. CCA 40218.

No. 23-0167/AF. U.S. v. Garret W. Souders. CCA 40145.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 2, 2023

 

Petitions for Grant of Review Denied

 

No. 23-0049/MC. U.S. v. Miguel A. Champion-Flores. CCA 202100088.

No. 23-0068/AR. U.S. v. Jonathan L. Roebuck. CCA 20220021.

No. 23-0131/AR. U.S. v. David M. Musgrove. CCA 20220181.

 

Petition for Grant of Review - Summary Disposition

 

No. 23-0126/NA. U.S. v. Rill A. Thompson. CCA 202100205. 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 general court-martial adjudged a sentence consisting of confinement for 21 years and a dishonorable discharge and that the convening authority approved that sentence.

 

However, the lower court first stated the following: "Sentence in the Entry of Judgment: reduction to E-1, confinement for 21 years, forfeiture of all pay and allowances, and a dishonorable discharge," and then later affirmed the sentence. United States v. Thompson, No. 202100205, slip op. at 1 (N-M. Ct. Crim. App. Jan. 18, 2023). Actually, the Entry of Judgment stated that "[t]he Convening Authority approved the sentence of 21 years confinement and a dishonorable discharge." Rill A. Thompson Entry of Judgment of July 16, 2021 at 2.

 

Accordingly, it is ordered that said petition is granted on the following specified issue:

 

WHETHER THE UNITED STATES NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED BY PURPORTING TO AFFIRM A "REDUCTION TO E-1" AND "FORFEITURE OF ALL PAY AND ALLOWANCES" WHERE NO SUCH PUNISHMENTS WERE ADJUDGED AT THE COURT-MARTIAL.

 

The decision of the lower court is affirmed as to findings and to only so much of the sentence as provides for confinement for 21 years and a dishonorable discharge.

 

Order Granting Petition for Review

 

No. 23-0090/AR. U.S. v. Samuel H. Zimmer. CCA 20200671. 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 A UNANIMOUS GUILTY VERDICT IS A FUNDAMENTAL RIGHT GUARANTEED TO SERVICE MEMBERS THROUGH THE FIFTH AND SIXTH AMENDMENTS AND PURSUANT TO CURRENT CASE LAW.

 

No briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 1, 2023

 

Petitions for Grant of Review Filed

 

No. 23-0162/AF. U.S. v. Kristopher D. Cole. CCA 40189.

No. 23-0163/AF. U.S. v. Matthew P. Leipart. CCA 39711.

No. 23-0164/AF. U.S. v. George E. Lopez. CCA 40161.

No. 23-0165/MC. U.S. v. Bradley M. Metz. CCA 201900089.

 

Order Granting Petition for Review

 

No. 23-0066/AF. U.S. v. Alexander L. Driskill. CCA 39889. 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:

 

IN APPELLANT'S FIRST COURT-MARTIAL, THE MILITARY JUDGE DISMISSED THE CHARGE OF WRONGFUL POSSESSION OF OBSCENE CARTOONS AFTER CLOSING ARGUMENTS. DID THE GOVERNMENT'S REPROSECUTION OF APPELLANT FOR THE SAME OFFENSE VIOLATE THE FIFTH AMENDMENT AND ARTICLE 44'S PROHIBITIONS AGAINST DOUBLE JEOPARDY?

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 23-0160/AR. U.S. v. Christian G. Alvarado. CCA 20210368. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 22, 2023.

 

No. 23-0161/AR. U.S. v. Sergio Salcedo. CCA 20210280. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 22, 2023.

 

No. 23-0162/AF. U.S. v. Kristopher D. Cole. CCA 40189. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 22, 2023.

 

No. 23-0163/AF. U.S. v. Matthew P. Leipart. CCA 39711. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 22, 2023.

 

No. 23-0164/AF. U.S. v. George E. Lopez. CCA 40161. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 22, 2023.

 

Mandate Issued

 

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



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