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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