UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, November 27, 2024

 

Petitions for Grant of Review Filed

 

No. 25-0038/AF. U.S. v. Luke A. Scott. CCA 40411.

No. 25-0039/MC. U.S. v. John A. Aguilar. CCA 202300090.

No. 25-0040/MC. U.S. v. John A. Aguilar. CCA 202300092.

 

Interlocutory Orders

 

No. 24-0175/AF. U.S. v. Daniel R. Csiti. CCA 40386. Appellant's third motion to extend time to file a brief is granted, up to and including December 6, 2024. No further extensions of time will be granted in this case.

 

No. 24-0208/AF. U.S. v. Michael A. Valentin-Andino. CCA 40185. Appellee's motion to extend time to file a brief is granted to December 5, 2024.

 

No. 24-0221/AF. U.S. v. Jakalien J. Cook. CCA 40333. On consideration of the motion filed by Major Matthew Blyth, for leave to withdraw as appellate defense 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. 24-0234/AF. U.S. v. James L. Taylor, Jr. CCA 40371. Appellant's motion to extend time to file a brief is granted to January 3, 2025.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, November 26, 2024

 

Petitions for Grant of Review Filed

 

No. 25-0036/AR. U.S. v. Nicholas J. Waddell. CCA 20230526.

No. 25-0037/AR. U.S. v. Ricardo E. Vilbon. CCA 20230436.

 

Petitions for Grant of Review Denied

 

No. 24-0213/AR. U.S. v. Charles R. Green. CCA 20210656.

No. 25-0007/AR. U.S. v. Eric J. Avellaneda. CCA 20230442.

 

Order Granting Petition for Review

 

No. 25-0005/AF. U.S. v. Brandon A. Wood. CCA 40429. 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 IN LIGHT OF UNITED STATES v. WILLIAMS, __ M.J. __ (C.A.A.F. 2024), THE AIR FORCE COURT OF CRIMINAL APPEALS HAD JURISDICTION UNDER ARTICLE 66(d)(2), UCMJ, TO PROVIDE APPROPRIATE RELIEF FOR THE ERRONEOUS FIREARM PROHIBITION ON THE INDORSEMENT TO THE ENTRY OF JUDGMENT.

 

II.  WHETHER THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES HAS JURISDICTION AND AUTHORITY TO DIRECT THE MODIFICATION OF THE 18 U.S.C. § 922 PROHIBITION NOTED ON THE INDORSEMENT TO THE ENTRY OF JUDGMENT.

 

III. WHETHER REVIEW BY THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES OF THE 18 U.S.C. § 922 PROHIBITION NOTED ON THE INDORSEMENT TO THE ENTRY OF JUDGMENT WOULD SATISFY THIS COURT'S PRUDENTIAL CASE OR CONTROVERSY DOCTRINES.

 

IV. AS APPLIED TO APPELLANT, WHETHER 18 U.S.C. § 922 IS CONSTITUTIONAL IN LIGHT OF RECENT PRECEDENT FROM THE SUPREME COURT OF THE UNITED STATES.

 

No briefs will be filed under C.A.A.F. R. 25.

 

Petition for Reconsideration Granted

 

No. 23-0207/AF. U.S. v. Samuel H. Smith. CCA 40202. On consideration of Appellee's petition for reconsideration of the decision issued by the Court, __ MJ. __ (C.A.A.F. 2024), it is ordered that said petition for reconsideration is granted, that the Court's opinion and judgment are vacated, and that a new decision will be issued by the Court contemporaneously with this order.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, November 25, 2024

 

Petition for Grant of Review Filed

 

No. 25-0035/MC. U.S. v. Beto L. Valdez, Jr. CCA 202300141.

 

Petition for Grant of Review - Summary Disposition

 

No. 25-0003/NA. U.S. v. Roneisha L. Redmond. CCA 202300130. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, and in light of United States v. Harvey, __ M.J. __ (C.A.A.F. 2024), it is ordered that the petition is granted on the following issue:

 

DID THE LOWER COURT ERR IN CONDUCTING ITS FACTUAL SUFFICIENCY REVIEW UNDER ARTICLE 66(d)(1)(B), UCMJ, WHEN IT APPLIED ITS INTERPRETATION OF THAT STATUTE THAT THIS COURT OVERRULED IN UNITED STATES v. HARVEY, __ M.J. __ (C.A.A.F. 2024)?

 

The decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Navy for remand to the Navy-Marine Corps Court of Criminal Appeals for a new factual sufficiency review, consistent with Harvey under Article 66, Uniform Code of Military Justice, 10 U.S.C. § 866 (Supp. III 2019-2022).

 

Miscellaneous Docket - Summary Disposition

 

No. 25-0031/AF. Myles L. Phipps, Appellant v. United States, Appellee. On consideration of the writ-appeal petition, and Appellant's motion to stay the proceedings, it is ordered that the motion is denied, and the writ-appeal petition is denied without prejudice to raising the issue asserted during the course of normal appellate review.

 

Interlocutory Order

 

No. 25-0035/MC. U.S. v. Beto L. Valdez, Jr. CCA 202300141. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to December 16, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, November 22, 2024

 

Petition for Grant of Review Filed

 

No. 25-0034/AR. U.S. v. Avante A. Norris. CCA 20230395.

 

Petitions for Grant of Review Denied

 

No. 24-0220/AR. U.S. v. Laavon D. Owens. CCA 20220280.

No. 24-0236/MC. U.S. v. Shaun J. Hernandez. CCA 202300060.

 

Miscellaneous Docket - Summary Disposition

 

No. 25-0026/AR. In re Konner L. Ruhrup. On consideration of the petition for extraordinary relief in the nature of writ of mandamus, it is ordered that the petition is denied.

 

Interlocutory Orders

 

No. 24-0196/NA. U.S. v. Edmond A. Maebane III. CCA 202200228. Appellant's second motion to view and copy sealed portions of the record for inclusion in the joint appendix, is granted.

 

No. 25-0033/AF. U.S. v. Hector D. Manzano Tarin. CCA S32734. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to December 12, 2024.

 

Petitions for Reconsideration Denied

 

No. 24-0117/AR. U.S. v. Thomas M. Adams. CCA 20130693. Appellant's petition for reconsideration of this Court's order issued October 17, 2024, is denied.

 

No. 24-0168/AR. In re Kevin P. Newton. On consideration of Petitioner's "Motion to Dismiss and Grant Relief" that has been construed as a petition for reconsideration, it is ordered that the petition for reconsideration is dismissed for lack of jurisdiction.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, November 21, 2024

 

Petitions for Grant of Review Filed

No. 25-0032/AR. U.S. v. Jonny Gonzalez. CCA 20230632.

No. 25-0033/AF. U.S. v. Hector D. Manzano Tarin. CCA S32734.

 

Petitions for Grant of Review Denied

No. 24-0180/AR. U.S. v. Jade W. Johnson. CCA 20220117.

No. 24-0230/AR. U.S. v. Brett M. Hansen. CCA 20220162.

No. 25-0015/AR. U.S. v. Joel C. Cortes. CCA 20230405.

No. 25-0016/AR. U.S. v. Jenna K. Davis. CCA 20230603.

 

Order Granting Petition for Review

 

No. 24-0225/AF. U.S. v. Austin J. Van Velson. CCA 40401. 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 18 U.S.C. § 922 CAN CONSTITUTIONALLY APPLY TO APPELLANT, WHO STANDS CONVICTED OF NONVIOLENT OFFENSES, WHERE THE GOVERNMENT CANNOT DEMONSTRATE THAT BARRING HIS POSSESSION OF FIREARMS IS "CONSISTENT WITH THE NATION'S HISTORICAL TRADITION OF FIREARM REGULATION" UNDER NEW YORK STATE RIFLE & PISTOL ASSOCIATION, INC. v. BRUEN, 597 U.S. 1, 24 (2022).

 

No briefs will be filed under C.A.A.F. R. 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, November 20, 2024

 

Petition for Grant of Review - Summary Disposition

 

No. 24-0233/MC. U.S. v. Jaden T. Rohlfs. CCA 202300019. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, and in light of United States v. Harvey, __ M.J. __ (C.A.A.F. 2024), it is, ordered that said petition is granted on the following issue:

 

DID THE LOWER COURT ERR IN CONDUCTING ITS FACTUAL SUFFICIENCY REVIEW UNDER ARTICLE 66(b)(3), UCMJ, WHEN IT APPLIED ITS INTERPRETATION OF THAT STATUTE THAT THIS COURT OVERRULED IN UNITED STATES v. HARVEY, __ M.J. __ (C.A.A.F. 2024)?

 

The decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Navy for remand to the Navy-Marine Corps Court of Criminal Appeals for a new factual sufficiency review, consistent with Harvey under Article 66, Uniform Code of Military Justice, 10 U.S.C. § 866 (Supp. III 2019-2022).

 

Order Granting Petition for Review

 

No. 24-0234/AF. U.S. v. James L. Taylor, Jr. CCA 40371. 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:

 

ARTICLE 2(d)(2), UCMJ, 10 U.S.C. § 802(d)(2), SETS FORTH THE AUTHORITY TO INVOLUNTARILY ORDER MEMBERS OF RESERVE COMPONENTS TO ACTIVE DUTY FOR TRIAL BY COURT-MARTIAL. DID THE AIR FORCE COURT OF CRIMINAL APPEALS ERR BY USING THE ABSURDITY DOCTRINE TO INTERPRET THIS PROVISION IN A MANNER THAT CONFLICTS WITH THE PLAIN AND UNAMBIGUOUS MEANING OF THE STATUTORY LANGUAGE?

 

On or before December 11, 2024, Appellant will file a brief; Appellee will file an answer brief no later than 21 days after the filing of Appellant's brief; and Appellant may file a reply brief no later than 7 days after the filing of Appellee's answer brief.

 

Interlocutory Orders

 

No. 24-0104/AF. U.S. v. Bryce T. Roan. CCA 22033. Appellant's second motion to extend time to file a brief is granted to November 27, 2024.

 

No. 24-0138/MC. U.S. v. Juan I. Campos. CCA 202200246. On consideration of the motion filed by the United States Navy Victims' Legal Counsel Program and the United States Marine Corps Victims' Legal Counsel Organization for leave to file an amici curiae brief in support of Appellee's brief, it is ordered that the motion is denied without prejudice to refiling a motion that complies with C.A.A.F. Rule 26(c).

 

No. 24-0172/AR. U.S. v. Rodrigo L. Urieta. CCA 20220432. Appellant's motion for leave to file a supplemental joint appendix is granted.

 

No. 24-0206/AF. U.S. v. Dennis A. George, Jr. CCA 40397. Appellee's motion to file a supplemental joint appendix is granted.

 

No. 24-0217/AR. U.S. v. Alex J. Secord. CCA 20210667. Appellee's motion to extend time to file a brief is granted to December 6, 2024.

 

No. 25-0001/AR. U.S. v. Jonathan R. Mizell. CCA 20230479. Appellant's motion to withdraw the petition for grant of review is granted, and the petition for grant of review is withdrawn.

 

No. 25-0024/AR. U.S. v. Nathan G. Leese. CCA 20230250. On consideration of Appellant's second motion to extend time to file the supplement to the petition for grant of review, it is ordered that the motion is granted up to and including December 9, 2024, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 25-0025/AR. U.S. v. Brandon Z. Miller. CCA 20230026. On consideration of Appellant's second motion to extend time to file the supplement to the petition for grant of review, it is ordered that the motion is granted, but only up to and including to December 4, 2024, and absent extraordinary circumstances, no further extension of time will be granted in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, November 19, 2024

 

Petition for Grant of Review Filed

 

No. 25-0030/AF. U.S. v. Daniel L. Block. CCA 40466.

 

Miscellaneous Docket - Filing

 

No. 25-0031/AF. Myles L. Phipps v. U.S. Notice is 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 date. Further action on the petition shall be held in abeyance pending the Court's final action on the motion.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, November 18, 2024

 

Petition for Grant of Review Denied

 

No. 24-0237/NA. U.S. v. Eddie A. Tyson. CCA 202300083.

 

Interlocutory Orders

 

No. 24-0004/SF. U.S. v. Devin W. Johnson. CCA 40257. Appellee's motion to extend time to file a brief is granted to December 20, 2024.

 

No. 24-0196/NA. U.S. v. Edmond A. Maebane III. CCA 202200228. On consideration of Appellant's motion to view and copy sealed portions of the record for inclusion in the joint appendix, it is ordered that the motion is denied without prejudice to refiling with specific identification of which material is to be viewed and copied.

 

No. 24-0212/AF. U.S. v. Monica R. Arroyo. CCA 40321. Appellee's motion to extend time to file a brief is granted to December 17, 2024.

 

No. 25-0004/MC. U.S. v. Joseph D. Suarez. CCA 202300049. Appellant's motion to extend time to file a brief is granted to January 2, 2025.

 

No. 25-0014/AF. U.S. v. Nicholas A. Byrne. CCA 40391. Appellant's third motion to extend time to file the supplement to the petition for grant of review is granted.

 

No. 25-0021/AR. U.S. v. Robert M. Lundsten. CCA 20220226. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to December 2, 2024.

 

No. 25-0022/AR. U.S. v. Andrea Ramirez. CCA 20220354. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to November 25, 2024.

 

No. 25-0023/AR. U.S. v. Anthony M. Elmore. CCA 20220345. On consideration of Appellant's motion to file portions of the supplement to the petition for grant of review under seal, and to extend time to file the sealed portion of the supplement to the petition for grant of review, it is ordered that the motion is granted. The sealed portion of the supplement to the petition for grant of review will be filed on or before November 25, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, November 14, 2024

 

Petition for Grant of Review Denied

 

No. 24-0194/NA. U.S. v. Derek J. Hemry. CCA 202300051.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, November 13, 2024

 

Petition for Grant of Review Denied

 

No. 25-0008/AR. U.S. v. Aaron A. Vazquez. CCA 20230307.

 

Miscellaneous Docket - Summary Disposition

 

No. 24-0238/AF. In re Jeg E.R. Libed. CCA S32719. On further 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. 24-0172/AR. U.S. v. Rodrigo L. Urieta. CCA 20220432. Appellant's motion to extend time to file a reply brief is granted to November 19, 2024.

 

No. 24-0179/AR. U.S. v. David J. Rudometkin. CCA 20180058. On consideration of Appellant's fifth motion to extend time to file the supplement to the petition for grant of review, it is ordered that the motion is granted, up to and including December 20, 2024, and absent extraordinary circumstances, no further extensions of time will be granted in this case.

 

No. 25-0014/AF. U.S. v. Nicholas A. Byrne. CCA 40391. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to November 15, 2024.

 

No. 25-0019/AR. U.S. v. Oscar A. Batres. CCA 20220223. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to December 2, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, November 12, 2024

 

Interlocutory Orders

 

No. 24-0144/NA. U.S. v. Salvador Jacinto. CCA 201800325. On consideration of Appellee's second motion to extend time to file a brief, it is ordered that the motion is granted, up to and including December 3, 2024, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 24-0196/NA. U.S. v. Edmond A. Maebane III. CCA 202200228. On consideration of Appellant's second motion to extend time to file a brief, it is ordered that the motion is granted to November 19, 2024.

 

No. 25-0018/AF. U.S. v. Corey M. Vargo. CCA 40653. Appellant's motion to extend time to file an answer to Appellee's motion to dismiss the petition for grant of review is granted to November 20, 2024.

 

No. 25-0029/AR. U.S. v. Andrew J. Dial. CCA 20230009. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to December 2, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, November 8, 2024

 

Petitions for Grant of Review Filed

 

No. 25-0028/AR. U.S. v. Cory N. Penven. CCA 20230087.

No. 25-0029/AR. U.S. v. Andrew J. Dial. CCA 20230009.

 

Orders Granting Petition for Review

 

No. 24-0184/AR. U.S. v. Trevon K. Coley. CCA 20220231. 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 JUDICIAL REASSIGNMENT OF APPELANT'S CASE WARRANTS REVERSAL.

 

No briefs will be filed under C.A.A.F. R. 25.

 

No. 25-0004/MC. U.S. v. Joseph D. Suarez. CCA 202300049. 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 issues:

 

I.   DID UNLAWFUL COMMAND INFLUENCE AFFECT APPELLANT'S COURT-MARTIAL?

 

II.  WAS TRIAL DEFENSE COUNSEL'S DEFICIENT PERFORMANCE PREJUDICIAL?

 

III. DID APPELLANT WAIVE REVIEW OF THE QUESTION WHETHER UNLAWFUL INFLUENCE AFFECTED HIS COURT-MARTIAL?

 

Appellant will file a brief on or before December 2, 2024, Appellee will file an answer brief no later than 21 days after the filing of Appellant's brief, and Appellant may file a reply brief no later than 7 days after the filing of Appellee's answer brief.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, November 7, 2024

 

Petition for Grant of Review Filed

 

No. 25-0027/AR. U.S. v. Fernando J. Armijo-Vallecillo. CCA 20240023.

 

Miscellaneous Docket - Filing

 

No. 25-0026/AR. U.S. v. Konner L. Ruhrup. CCA 20230282. Notice is given that a petition for extraordinary relief in the nature of writ of mandamus was filed under Rule 27(a) on November 5, 2024, and placed on the docket on November 7, 2024.

 

Interlocutory Orders

 

No. 24-0089/AF. U.S. v. Nikolas S. Casillas. CCA 40302. The joint motion to extend time to file supplemental briefs is granted to December 9, 2024.

 

No. 24-0144/NA. U.S. v. Salvador Jacinto. CCA 201800325. Victim's petition for reconsideration of this Court's order issued October 2, 2024 is denied.

 

No. 24-0146/AF. U.S. v. Leo J. Navarro Aguirre. CCA 40352. Appellant's motion to extend time to file a brief is granted to December 6, 2024.

 

No. 24-0158/MC. U.S. v. Dominic L. Ruiz. CCA 202300007. Appellant's motion to extend time to file a brief is granted to December 12, 2024.

 

No. 24-0175/AF. U.S. v. Daniel R. Csiti. CCA 40386. Appellant's second motion to extend time to file a brief is granted up to and including December 2, 2024, and absent extraordinary circumstances, no further extensions of time will be granted in this case.

 

No. 25-0018/AF. U.S. v. Corey M. Vargo. CCA 40653. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to November 20, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, November 6, 2024

 

Petitions for Grant of Review Denied

 

No. 24-0227/AF. U.S. v. Adjani K. Daughma. CCA 40385.

No. 24-0232/AR. U.S. v. Jorge L. Espinal. CCA 20220152.

 

Hearing

 

No. 24-0186/MC. U.S. v. Kyle A. Shelby. CCA 202200213.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, November 5, 2024

 

Petitions for Grant of Review Denied

 

No. 24-0223/NA. U.S. v. Chad M. Kaczkowski. CCA 202300045.

 

No. 24-0224/AF. U.S. v. Desiree M. Holmes. CCA 2024-1. 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 United States under Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862, it is ordered that said petition is denied without prejudice to raising the issues in the normal course of appellate review.

 

Hearings

 

No. 24-0124/NA. U.S. v. Jeremy W. Harborth. CCA 202200157.

No. 24-0125/NA. U.S. v. Jeremy W. Harborth. CCA 202200157.



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