UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 31, 2024

 

Interlocutory Order

 

No. 25-0025/AR. U.S. v. Brandon Z. Miller. CCA 20230026. Appellant's 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

Tuesday, October 29, 2024

 

Petition for Grant of Review Denied

 

No. 24-0167/AF. U.S. v. Jason M. Blackburn. CCA 40303.

 

Appeal — Summary Disposition

 

No. 24-0122/AR. U.S. v. Matthew L. Coe. CCA 20220052. On further consideration of the granted issue, __ M.J. __ (C.A.A.F. 2024), and in light of United States v. Mendoza, __ M.J. __ (C.A.A.F. 2024), it is ordered that the decision of the United States Army Court of Criminal Appeals is set aside. The record is returned to the Judge Advocate General of the United States Army for remand to the United States Army Court of Criminal Appeals for a new review under Article 66, 10 U.S.C. § 866, Uniform Code of Military Justice (Supp. III 2019- 2022).

 

Order Granting Petition for Review

 

No. 24-0209/AF. U.S. v. Kaye P. Donley. CCA 40350. 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 THE GOVERNMENT CAN PROVE THAT 18 U.S.C. § 922 IS CONSTITUTIONAL AS APPLIED TO APPELLANT.

 

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

 

Interlocutory Order

 

No. 24-0089/AF. U.S. v. Nikolas S. Casillas. CCA 40302. On further consideration of the briefs of the parties on the granted issues, __ M.J. __ (C.A.A.F. 2024), it is ordered that counsel for the parties shall file supplemental briefs discussing the effect of United States v. Mendoza, __ M.J. __ (C.A.A.F. 2024) on Issues I, II, and III. The briefs of the parties shall be filed concurrently within 30 days of the date of this order.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, October 28, 2024

 

Petitions for Grant of Review Filed

 

No. 25-0023/AR. U.S. v. Anthony M. Elmore. CCA 20220345.

No. 25-0024/AR. U.S. v. Nathan G. Leese. CCA 20230250.

No. 25-0025/AR. U.S. v. Brandon Z. Miller. CCA 20230026.

 

Interlocutory Orders

 

No. 24-0138/MC. U.S. v. Juan I. Campos. CCA 202200246. Appellant's motion to extend time to file a reply brief is granted to November 8, 2024.

 

No. 25-0001/AR. U.S. v. Jonathan R. Mizell. CCA 20230479. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to November 12, 2024.

 

No. 25-0021/AR. U.S. v. Robert M. Lundsten. CCA 20220226. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 18, 2024.

 

No. 25-0022/AR. U.S. v. Andrea Ramirez. CCA 20220354. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 18, 2024.

 

No. 25-0023/AR. U.S. v. Anthony M. Elmore. CCA 20220345. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 18, 2024.

 

No. 25-0024/AR. U.S. v. Nathan G. Leese. CCA 20230250. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 18, 2024.

 

Mandate Issued

 

No. 23-0210/AR. U.S. v. Isac D. Mendoza. CCA 20210647.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 25, 2024

 

Petition for Grant of Review Filed

 

No. 25-0022/AR. U.S. v. Andrea Ramirez. CCA 20220354.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 24, 2024

 

Petition for Grant of Review Filed

 

No. 25-0021/AR. U.S. v. Robert M. Lundsten. CCA 20220226.

 

Petitions for Grant of Review Denied

 

No. 24-0191/AR. U.S. v. Romario R. Lalor. CCA 20230136.

No. 24-0202/AR. U.S. v. Erick R. Felix. CCA 20220558.

 

Appeal — Summary Disposition

 

No. 23-0224/AF. U.S. v. Charles S. Nestor. CCA 40250. On further consideration of the granted issue, 84 M.J. 138 (C.A.A.F. 2023), and in view of United States v. Wells, __ M.J. __ (C.A.A.F. 2024), it is ordered that the decision of the United States Air Force Court of Criminal Appeals is affirmed.

 

Interlocutory Order

 

No. 25-0006/AF. U.S. v. Dontavius A. Bates. CCA ACM S32752. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to November 13, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 23, 2024

 

Petition for Grant of Review Filed

 

No. 25-0020/MC. U.S. v. Sergio Rocha, Jr. CCA 202300263.

 

Petitions for Grant of Review Denied

 

No. 24-0154/NA. U.S. v. Emerson A. Ovando. CCA 202200236.

No. 24-0185/AR. U.S. v. Jonathan M. Hernandez. CCA 20210429.

No. 24-0197/AF. U.S. v. Mario D. Moore. CCA 40423.

No. 24-0231/AR. U.S. v. Lakeeva K. Swint. CCA 20230037.

 

Interlocutory Orders

 

No. 24-0196/NA. U.S. v. Edmond A. Maebane III. CCA 202200228. Appellant's motion to extend time to file a brief is granted to November 12, 2024.

 

No. 24-0224/AF. U.S. v. Desiree M. Holmes. CCA 2024-1. Appellant's second motion to extend time to file a reply to the answer to the supplement to the petition for grant of review is granted to October 29, 2024.

 

No. 25-0017/AR. U.S. v. Jacob E. Singletary. CCA 20220506. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 12, 2024.

 

No. 25-0018/AF. U.S. v. Corey M. Vargo. CCA 40653. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 12, 2024.

 

No. 25-0019/AR. U.S. v. Oscar A. Batres. CCA 20220223. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 12, 2024.

 

No. 25-0020/MC. U.S. v. Sergio Rocha, Jr. CCA 202300263. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 12, 2024.

 

Hearing

 

No. 24-0156/AR. U.S. v. Ross E. Downum. CCA 20220575.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 22, 2024

 

Petition for Grant of Review Filed

 

No. 25-0019/AR. U.S. v. Oscar A. Batres. CCA 20220223.

 

Order Granting Petition for Review

 

No. 24-0158/MC. U.S. v. Dominic L. Ruiz. CCA 202300007. 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 issue:

 

WHETHER THE MILITARY JUDGE ABUSED HER DISCRETION IN ADMITTING THE COMPLAINING WITNESS'S STATEMENT TO LAW ENFORCEMENT AS A PRIOR CONSISTENT STATEMENT UNDER M.R.E. 801(d)(1)(B)(ii).

 

Appellant will file a brief on or before November 12, 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.

 

Hearing

 

No. 24-0098/AF. U.S. v. Thomas M. Saul. CCA 40341.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, October 21, 2024

 

Petitions for Grant of Review Filed

 

No. 25-0013/AR. U.S. v. Matthew T. Lay. CCA 20230331.

No. 25-0014/AF. U.S. v. Nicholas A. Byrne. CCA 40391.

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

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

No. 25-0017/AR. U.S. v. Jacob E. Singletary. CCA 20220506.

No. 25-0018/AF. U.S. v. Corey M. Vargo. CCA 40653.

 

Order Granting Petition for Review

 

No. 24-0146/AF. U.S. v. Leo J. Navarro Aguirre. CCA 40352. On consideration of Appellant's 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 hereby granted on the following issues:

 

I.  WHETHER APPELLANT'S CONVICTION FOR WRONGFUL AMBIEN USE IS LEGALLY SUFFICIENT WHEN: (1) HE HAD A VALID PRESCRIPTION FOR AMBIEN, AND (2) THE BASIS FOR HIS CONVICTION WAS A MEDICALLY-KNOWN SIDE EFFECT.

 

II.  WHETHER APPELLANT'S GUILTY PLEA FOR RECKLESS DRIVING WAS PROVIDENT WHEN HE TOOK HIS PRESCRIBED DOSE OF AMBIEN, FELL ASLEEP IN HIS BED, AND "THE NEXT THING [HE] REMEMBERED IS BEING BEHIND THE WHEEL OF [HIS] CAR."

 

On or before November 12, 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. 24-0004/SF. U.S. v. Devin W. Johnson. CCA 40257. Appellant's motion to extend time to file a brief is granted to November 4, 2024.

 

No. 24-0111/AF. U.S. v. Matthew R. Denney. CCA 40360. 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. 24-0182/AF. U.S. v. Tayari S. Vanzant. CCA 22004. Appellant's motion to extend time to file a brief is granted to December 9, 2024.

 

No. 24-0206/AF. U.S. v. Dennis A. George, Jr. CCA 40397. Appellee's motion to extend time to file a brief is granted to November 14, 2024.

 

No. 25-0012/AF. U.S. v. Makinnon A. Myers. CCA S32749. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 12, 2024.

 

No. 25-0013/AR. U.S. v. Matthew T. Lay. CCA 20230331. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 12, 2024.

 

No. 25-0014/AF. U.S. v. Nicholas A. Byrne. CCA 40391. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 12, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 17, 2024

 

Petitions for Grant of Review Denied

 

No. 24-0117/AR. U.S. v. Thomas M. Adams. CCA 20130693.

No. 24-0137/AR. U.S. v. Matthew P. White. CCA 20210676.

No. 24-0150/AF. U.S. v. Jacob A. Ollison. CCA S32745.

No. 24-0204/AR. U.S. v. Keith W. Johnson. CCA 20220074.

 

Order Granting Petition for Review

 

No. 24-0182/AF. U.S. v. Tayari S. Vanzant. CCA 22004. On consideration of Appellant's 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 THE AIR FORCE COURT OF CRIMINAL APPEALS LACKED JURISDICTION TO REVIEW APPELLANT'S CASE.

 

II.  WHETHER THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES AND THE AIR FORCE COURT OF CRIMINAL APPEALS HAVE JURISDICTION TO DIRECT MODIFICATION OF THE ERRONEOUS AND UNCONSTITUTIONAL FIREARM PROHIBITION UNDER 18 U.S.C. § 922 NOTED ON THE STAFF JUDGE ADVOCATE'S ENDORSEMENT TO THE ENTRY OF JUDGMENT.

 

On or before November 7, 2024, Appellant will file a brief on Issue I only, 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.

 

Mandate Issued

 

No. 24-0093/MC. U.S. v. Brandon K. Flanner. CCA 202300134.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 16, 2024

 

Petition for Grant of Review Filed

 

No. 25-0012/AF. U.S. v. Makinnon A. Myers. CCA S32749.

 

Petitions for Grant of Review Denied

 

No. 24-0139/AR. U.S. v. David P. VanBuren. CCA 20220062.

No. 24-0207/AR. U.S. v. Laquinton T. Leslie. CCA 20220205.

 

Order Granting Petition for Review

 

No. 24-0217/AR. U.S. v. Alex J. Secord. CCA 20210667. 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 issues:

 

I.   WHERE THE GOVERNMENT SEIZED AND HELD APPELLANT'S PHONE PURSUANT TO A NARROW SEARCH AUTHORIZATION, BUT COULD NOT ACCESS THE DATA WITHOUT APPELLANT'S PASSCODE, WAS THE DATA WITHIN THE POSSESSION, CUSTODY, OR CONTROL OF MILITARY AUTHORITIES FOR PURPOSES OF R.C.M. 701?

 

II.  DID THE MILITARY JUDGE ERR BY RULING APPELLANT COULD NOT ACCESS THE DATA WITHOUT SIMULTANEOUSLY PROVIDING THE GOVERNMENT WITH FULL ACCESS TO ALL HIS PERSONAL DATA?

 

III. IF THE MILITARY JUDGE ERRED, DID THE ERROR CONSTITUTE PREJUDICIAL ERROR?

 

Appellant will file a brief on or before November 6, 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.

 

Interlocutory Orders

 

No. 24-0212/AF. U.S. v. Monica R. Arroyo. CCA 40321. Appellant's motion to extend time to file a brief is granted to November 12, 2024.

 

No. 24-0224/AF. U.S. v. Desiree M. Holmes. CCA 2024-1. Appellant's motion to extend time to file a reply to the answer to the supplement to the petition for grant of review is granted to October 22, 2024.

 

No. 24-0233/MC. U.S. v. Jaden T. Rohlfs. CCA 202300019. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to October 25, 2024.

 

No. 24-0238/AF. In re Jeg E.R. Libed, Petitioner. CCA S32719. On consideration of the petition for extraordinary relief in the nature of a writ of mandamus, it is ordered that the government will file an answer to the petition on or before October 28, 2024.

 

No. 25-0010/AR. U.S. v. Anderson A. Antepara. CCA 20220562. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 5, 2024.

 

No. 25-0011/AF. U.S. v. Zhuo H. Zhong. CCA 40441. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 5, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 15, 2024

 

Petition for Grant of Review Filed

 

No. 25-0011/AF. U.S. v. Zhuo H. Zhong. CCA 40441.

 

Interlocutory Order

 

No. 24-0144/NA. U.S. v. Salvador Jacinto. CCA 201800325. Appellee's motion to extend time to file a brief is granted to November 15, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 11, 2024

 

Mandate Issued

 

No. 23-0219/AF. U.S. v. DeShaun L. Wells. CCA 40222.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 10, 2024

 

Petition for Grant of Review Filed

 

No. 25-0010/AR. U.S. v. Anderson A. Antepara. CCA 20220562.

 

Hearing

 

No. 24-0096/AF. U.S. v. Jaquan Q. Greene-Watson. CCA 40293.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 9, 2024

 

Petitions for Grant of Review Filed

 

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

No. 25-0009/AR. U.S. v. Travis J. Swan. CCA 20230018.

 

Interlocutory Orders

 

No. 24-0104/AF. U.S. v. Bryce T. Roan. CCA 22033. On consideration of the motion filed by Major Matthew Bluth, for leave to withdraw as appellate defense counsel, it is ordered that the motion is granted.

 

No. 25-0005/AF. U.S. v. Brandon A. Wood. CCA 40429. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to October 29, 2024.

 

No. 25-0006/AF. U.S. v. Dontavius A. Bates. CCA ACM S32752. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to October 29, 2024.

 

Hearing

 

No. 24-0152/AR. U.S. v. Tayron D. Davis. CCA 20220272.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 8, 2024

 

Petition for Grant of Review Filed

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, October 7, 2024

 

Petitions for Grant of Review Filed

 

No. 25-0005/AF. U.S. v. Brandon A. Wood. CCA 40429.

No. 25-0006/AF. U.S. v. Dontavius A. Bates. CCA ACM S32752.

 

Petitions for Grant of Review Denied

 

No. 24-0170/AR. U.S. v. Simon L. Cantu. CCA 20220655.

No. 24-0188/AR. U.S. v. Denys A. Chacon. CCA 20230370.

 

Orders Granting Petition for Review

 

No. 24-0159/AR. U.S. v. Adalberto Brinkman-Coronel. CCA 20220225. 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 on the following issues:

 

I. WHETHER THE LOWER COURT ERRED IN FINDING THAT THE MILITARY JUDGE DID NOT ABUSE HIS DISCRETION WHEN HE FAILED TO RECUSE HIMSELF FROM APPELLANT'S COURT-MARTIAL FOR THE APPEARANCE OF BIAS.

 

II. WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE DENIED THE MOTION TO SUPPRESS EVIDENCE DISCOVERED FROM THE SEARCH OF APPELLANT'S "VACUUM PHONE" AND ALL DERIVATIVE EVIDENCE.

 

On or before October 28, 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.

 

No. 24-0212/AF. U.S. v. Monica R. Arroyo. CCA 40321. On consideration of Appellant's 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:

 

DURING ITS SENTENCE SEVERITY ANALYSIS, THE AIR FORCE COURT CONSIDERED THE BENEFIT ENJOYED BY APPELLANT WHEN THE GOVERNMENT DISMISSED SPECIFICATIONS. DID THE AIR FORCE COURT ERR?

 

On or before October 28, 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 motion to extend time to file a brief is granted to November 20, 2024.

 

No. 24-0147/AR. U.S. v. Ryan C. Thomas. CCA 20210662. Appellant's motion to extend time to file a brief is granted to November 12, 2024.

 

No. 24-0175/AF. U.S. v. Daniel R. Csiti. CCA 40386. Appellant's motion to extend time to file a brief is granted to November 12, 2024.

 

No. 24-0216/AR. U.S. v. Brett D. Crawford. CCA 20230107. On consideration of Appellant's third 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 October 29, 2024, and absent extraordinary circumstances, no further extensions of time will be granted in this case.

 

No. 24-0220/AR. U.S. v. Laavon D. Owens. CCA 20220280. On consideration of Appellant's third 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 October 22, 2024, and absent extraordinary circumstances, no further extensions of time will be granted in this case.

 

No. 25-0001/AR. U.S. v. Jonathan R. Mizell. CCA 20230479. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to October 28, 2024.

 

No. 25-0002/AR. U.S. v. Wilson. CCA 20230233. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to October 28, 2024.

 

No. 25-0003/NA. U.S. v. Roneisha L. Redmond. CCA 202300130. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to October 28, 2024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 4, 2024

 

Petitions for Grant of Review Filed

 

No. 25-0002/AR. U.S. v. Steven K. Wilson. CCA 20230233.

No. 25-0003/NA. U.S. v. Roneisha L. Redmond. CCA 202300130.

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 3, 2024

 

Petition for Grant of Review Filed

 

No. 25-0001/AR. U.S. v. Mizell. CCA 20230479.

 

Miscellaneous Docket - Summary Disposition

 

No. 24-0168/AR. In re Kevin P. Newton, Petitioner. On consideration of the petition for extraordinary relief in the nature of writ of mandamus, it is ordered that the petition is dismissed for lack of jurisdiction.

 

Orders Granting Petition for Review

 

No. 24-0183/AF. U.S. v. Jennesis V. Dominguez-Garcia. CCA S32694. 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 THERE IS JURISDICTION TO DIRECT CORRECTION OF THE ERRONEOUS AND UNCONSTITUTIONAL FIREARM PROHIBITION NOTED ON THE STAFF JUDGE ADVOCATE'S INDORSEMENT TO THE ENTRY OF JUDGMENT.

 

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

 

No. 24-0219/AF. U.S. v. Brian W. Gubicza. CCA 40464. 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 THE GOVERNMENT CAN PROVE THAT 18 U.S.C. § 922 IS CONSTITUTIONAL AS APPLIED TO APPELLANT WHEN HE WAS CONVICTED OF A NONVIOLENT OFFENSE.

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 2, 2024

 

Interlocutory Order

 

No. 24-0144/NA. U.S. v. Salvador Jacinto. CCA 201800325. On consideration of a motion for reconsideration of this Court's order granting Appellant's motion to view and copy sealed documents, a motion for a written explanation of the denial of a motion to reject Appellant's motion to view and copy, and a motion to reject Appellant's brief due to lack of service, all filed by Mr. Peter Coote, Esq., representing E.B., the victim in this case, the Court notes the following:

 

1. The recently amended Rules of Practice and Procedure of this Court   clearly state that absent any statutory authority, victims and complainants are not recognized as parties before this Court. C.A.A.F. R. 8(c).

 

2.  However, "the Court may afford either a victim or a complainant, whether represented by counsel or not, the rights of service of a party and the right to file an amicus curiae brief." C.A.A.F. R. 8(c).

 

3.  Victims and complainants may move for leave to file an amicus curiae brief.  C.A.A.F. R. 26(b).

 

4.  Copies of all filings in this Court must be served on all counsel of record, to include victim or complainant's counsel and amicus curiae counsel, who entered an appearance at the Court of Criminal Appeals. C.A.A.F. R. 39(a).

 

5.  There is no statutory, regulatory, or judicial authority that provides for a victim or complainant in a court-martial to intervene as a non-party in a case filed in this Court.

 

6.  On August 15, 2024, Mr. Coote filed a formal notice of appearance in this Court on behalf of E.B., which filing was accepted on August 29, 2024.

 

7.  On August 29, 2024, this Court granted Appellant's motions to view and copy sealed material, to file a brief under seal, and to file the joint appendix under seal.

 

8.  Also on August 29, 2024, this Court denied Mr. Coote's motion to reject Appellant's motion to view and copy sealed material, without prejudice to filing a motion for leave to file an amicus curiae brief.

 

9.  On September 16, 2024, Appellant filed his brief under seal. In doing so, he failed to serve Mr. Coote with a copy of the brief.

 

Having considered all of the above, we conclude that E.B. is not a party to this case and may not intervene in this case. However, this Court has accepted Mr. Coote's notice of appearance and Mr. Coote is deemed a counsel of record. Therefore, Mr. Coote is entitled to be served with a copy of all filings in this case, including briefs of the parties.  Accordingly, it is ordered that Mr. Coote's motions for: (1) reconsideration of this Court's order granting Appellant's motion to view and copy sealed documents, (2) a written explanation of the denial of a motion to reject Appellant's motion to view and copy, and (3) a motion to reject Appellant's brief due to lack of service are hereby denied; that Appellant and Appellee will serve Mr. Coote with copies of their briefs and all other filings; and that Mr. Coote is granted leave to file an amicus curiae brief, all in accordance with the recently amended Rules of this Court.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 1, 2024

 

Petition for Grant of Review Denied

 

No. 24-0222/AR. U.S. v. Leonardo R. Garcia. CCA 20230508.

 

Interlocutory Orders

 

No. 24-0152/AR. U.S. v. Tayron D. Davis. CCA 20220272. Appellee's motion to dismiss the certificate for review of the decision of the United States Army Court of Criminal Appeals is denied.

 

No. 24-0237/NA. U.S. v. Eddie A. Tyson. CCA 202300083. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to October 21, 2024.

 

2023 TERM OF COURT

 

In the Matter of the 2023 Term of Court, it is ordered that the following case heard during the 2023 Term of Court, is hereby carried over from the 2023 Term of Court to the October 2024 – September 2025 Term of Court: United States v. Mendoza, No. 23-0210/AR.



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