UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 28, 2025

 

Petition for Grant of Review Denied

 

No. 25-0076/AF. U.S. v. Adam S. Kelnhofer. CCA 23012.

 

Order Granting Petition for Review

 

No. 25-0074/AF. U.S. v. Andrew V. Lawson. CCA 23034. 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:

 

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.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 27, 2025

 

Petition for Grant of Review Filed

 

No. 25-0106/AF. U.S. v. Jacques D. Benoit, Jr. CCA 40508.

 

Interlocutory Orders

 

No. 25-0004/MC. U.S. v. Joseph D. Suarez. CCA 202300049. On consideration of Appellant's motion to extend time to file a reply brief, it is ordered that the motion is granted to March 10, 2025.

 

No. 25-0082/AR. U.S. v. Quintan G. Brassfield. CCA 20230516. 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 March 11, 2025. No further extension of time will be granted in this case.

 

Petition for Reconsideration Filed

 

No. 24-0210/AR. U.S. v. Samuel B. Badders. CCA 20200538.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 26, 2025

 

Petition for Grant of Review - Summary Disposition

 

No. 25-0088/AR. U.S. v. Michael L. Lewis. CCA 20190200. On consideration of Appellee's motion to dismiss the petition for grant of review, it is ordered that the motion is granted, and the petition is dismissed.

 

Interlocutory Order

 

No. 25-0088/AR. U.S. v. Michael L. Lewis. CCA 20190200.

 

Hearings

 

No. 24-0104/AF. U.S. v. Bryce T. Roan. CCA 22033.

No. 24-0146/AF. U.S. v. Leo J. Navarro Aguirre. CCA 40352.

 

Petition for Reconsideration Denied

 

No. 25-0069/AR. Davis v. Commandant, U.S. Disciplinary Barracks. On consideration of the petition for extraordinary relief in the nature of writ of habeas corpus, and Petitioner's motion for the appointment of counsel, it is ordered that the petition for extraordinary relief is dismissed for lack of jurisdiction, and the motion for the appointment of counsel is denied as moot.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 25, 2025

 

Hearings

 

No. 24-0175/AF. U.S. v. Daniel R. Csiti. CCA 40386.

No. 24-0212/AF. U.S. v. Monica R. Arroyo. CCA 40321.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 24, 2025

 

Interlocutory Order

 

No. 25-0081/AR. U.S. v. Jerome J. Forrest. CCA 20200715. 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 March 3, 2025, 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

Friday, February 21, 2025

 

Petitions for Grant of Review Denied

 

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

No. 25-0052/AF. U.S. v. Mark L. Martell. CCA 40501.

 

Miscellaneous Docket - Summary Disposition

 

No. 25-0047/AR. Travis M. Alfred, Petitioner v. United States, Respondent. CCA 20220126. On consideration of the petition for extraordinary relief in the nature of a writ of mandamus, and the motion to attach Respondent's exhibits 1, 2, 3, & 4, it is ordered that the motion is granted, and the petition is dismissed for lack of jurisdiction.

 

Interlocutory Orders

 

No. 25-0047/AR. Travis M. Alfred, Petitioner v. United States, Respondent. CCA 20220126. On consideration of the petition for extraordinary relief in the nature of a writ of mandamus, and the motion to attach Respondent's exhibits 1, 2, 3, & 4, it is ordered that the motion is granted, and the petition is dismissed for lack of jurisdiction.

 

No. 25-0085/AR. U.S. v. Travis M. Alfred. CCA 20220126. Appellant's motion for appropriate relief, which this Court construes as a second motion, out of time, to extend time to file the supplement to the petition for grant of review is granted to March 7, 2025.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 20, 2025

 

Petition for Grant of Review Filed

 

No. 25-0105/NA. U.S. v. Tarick L. Brittingham. CCA 202400186.

 

Miscellaneous Docket - Summary Dispositions

 

No. 25-0087/AR. In re Rene G. Fuentes, Petitioner. CCA 20170390. On consideration of the petition for extraordinary relief in the nature of a writ of error coram nobis, it is ordered that the petition is denied.

 

No. 25-0091/AF. In re Isaac J. Serjak, Petitioner. CCA 40392. On consideration of the petition for extraordinary relief in the nature of writ of habeas corpus, it is ordered that the petition is denied.

 

Order Granting Petition for Review

 

No. 25-0063/AF. U.S. v. Mark A. Pulley. CCA 40438. 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:

 

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.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 19, 2025

 

Petitions for Grant of Review Denied

 

No. 25-0060/NA. U.S. v. Paul E. Cooper. CCA 201500039.

No. 25-0061/AR. U.S. v. Hailey E. Flanagan. CCA 20230287.

 

Miscellaneous Docket - Filings

 

No. 25-0103/AR. In re David J. Rudometkin, Petitioner. CCA 20180058. Notice is given that a petition for extraordinary relief in the nature of writ of prohibition was filed under Rule 27(a) on February 13, 2025, and placed on the docket this date.

 

No. 25-0104/AR. In re David J. Rudometkin, Petitioner. CCA 20180058. Notice is given that a petition for extraordinary relief in the nature of writ of prohibition was filed under Rule 27(a) on this date.

 

 

Interlocutory Orders

 

No. 25-0024/AR. U.S. v. Nathan G. Leese. CCA 20230250. Appellant's motion to extend time to file a reply is granted, up to and including March 3, 2025.

 

No. 25-0099/MC. U.S. v. Gerard Cortez. CCA 202300166. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 12, 2025.

 

No. 25-0100/AF. U.S. v. Randy B. Giles, Jr. CCA 40482. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 12, 2025.

 

No. 25-0101/AR. U.S. v. Christopher E. Sanchez. CCA 20220603. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 12, 2025.

 

No. 25-0102/MC. U.S. v. Jonatan O. RosarioMartinez. CCA 202300154. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 12, 2025.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 18, 2025

 

Petitions for Grant of Review Filed

 

No. 25-0099/MC. U.S. v. Gerard Cortez. CCA 202300166.

No. 25-0100/AF. U.S. v. Randy B. Giles, Jr. CCA 40482.

No. 25-0101/AR. U.S. v. Christopher E. Sanchez. CCA 20220603.

No. 25-0102/MC. U.S. v. Jonatan O. RosarioMartinez. CCA 202300154.

 

Interlocutory Orders

 

No. 25-0096/AF. U.S. v. Matthew B. Ericson. CCA 23045. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 11, 2025.

 

No. 25-0097/AR. U.S. v. Samuel E. Fye. CCA 20220022. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 11, 2025.

 

Mandate

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 14, 2025

 

Petition for Grant of Review Filed

 

No. 25-0098/AR. U.S. v. Michael D. Choi. CCA 20240014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 13, 2025

 

Petitions for Grant of Review Filed

 

No. 25-0096/AF. U.S. v. Matthew B. Ericson. CCA 23045.

No. 25-0097/AR. U.S. v. Samuel E. Fye. CCA 20220022.

 

Petitions for Grant of Review Denied

 

No. 24-0210/AR. U.S. v. Samuel B. Badders. CCA 20200538.

No. 25-0055/AR. U.S. v. Michael V. Smith. CCA 20230029.

No. 25-0068/AF. U.S. v. Kristopher M. Dolehanty. CCA 40510.

No. 25-0072/AR. U.S. v. Jeff I. Gordon II. CCA 20210382.

No. 25-0078/AF. U.S. v. Jonathan L. Brierly. CCA 40479.

 

Interlocutory Order

 

No. 25-0094/AR. U.S. v. Nathaniel J. Rudino. CCA 20230301. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 3, 2025.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 12, 2025

 

Orders Granting Petition for Review

 

No. 25-0025/AR. U.S. v. Brandon Z. Miller. CCA 20230026. 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 TOTAL CLOSURE OF THE COURT OVER APPELLANT'S OBJECTION VIOLATED HIS RIGHT TO A PUBLIC TRIAL.

 

Appellant will file a brief on or before March 5, 2025, 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. 25-0071/AF. U.S. v. Clint C. Scott. CCA 40369. 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 hereby granted on the following issue:

 

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.

 

Interlocutory Order

 

No. 24-0210/AR. U.S. v. Samuel B. Badders. CCA 20200538. Appellant's motion to exceed size limitations is granted.

 

Petition for Reconsideration Filed

 

No. 24-0144/NA. U.S. v. Salvador Jacinto. CCA 201800325.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 11, 2025

 

Petitions for Grant of Review Filed

 

No. 25-0094/AR. U.S. v. Nathaniel J. Rudino. CCA 20230301.

No. 25-0095/AR. U.S. v. Enoch B. Cai. CCA 20230553.

 

Petitions for Grant of Review Denied

 

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

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

 

Interlocutory Orders

 

No. 25-0019/AR. U.S. v. Oscar A. Batres. CCA 20220223. Appellant's motion to extend time to file a brief is granted to February 25, 2025.

 

No. 25-0082/AR. U.S. v. Quintan G. Brassfield. CCA 20230516. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to February 25, 2025.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 10, 2025

 

Petitions for Grant of Review Denied

 

No. 25-0062/NA. U.S. v. Isaiah S. Marshall. CCA 202400133.

No. 25-0077/AR. U.S. v. Taylor J. Tipton. CCA 20230481.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 7, 2025

 

Petition for Grant of Review Denied

 

No. 25-0053/AR. U.S. v. Brandon B. Anthony. CCA 20220147.

 

Interlocutory Orders

 

No. 25-0081/AR. U.S. v. Jerome J. Forrest. CCA 20200715. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to February 24, 2025.

 

No. 25-0092/MC. U.S. v. Annastazjha P. Spence. CCA 202300214. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 28, 2025.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 5, 2025

 

Miscellaneous Docket – Filing

 

No. 25-0093/AR. In re David J. Rudometkin, Petitioner. CCA 20180058. Notice is given that a petition for extraordinary relief in the nature of writ of habeas corpus was filed under Rule 27(a) on this date.

 

Interlocutory Order

 

No. 25-0066/AR. U.S. v. Stefon M. Reid. CCA 20220160. Appellant's third motion to extend time to file the supplement to the petition for grant of review is granted, up to and including February 12, 2025, and absent extraordinary circumstances, no further extensions of time will be granted in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 4, 2025

 

Petition for Grant of Review Filed

 

No. 25-0092/MC. U.S. v. Annastazjha P. Spence. CCA 202300214.

 

Petitions for Grant of Review Denied

 

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

No. 25-0056/AF. U.S. v. Miguel A. Santa Cruz, Jr. CCA S32769.

 

Orders Granting Petition for Review

 

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

 

DID THE MILITARY JUDGE ABUSE HER DISCRETION BY ALLOWING THE UNSWORN VICTIM IMPACT STATEMENT TO PROVIDE, OVER DEFENSE OBJECTION, A DETAILED DESCRIPTION OF VARIOUS INCIDENTS OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT TO WHICH APPELLANT HAD NOT PLEADED GUILTY?

 

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

 

No. 25-0046/AF. U.S. v. Zachary R. Braum. CCA 40434. 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:

 

CAN THE GOVERNMENT PROPERLY REFUSE TO DISCLOSE RELEVANT, NON-PRIVILEGED DATA IN ITS POSSESSION, CUSTODY, AND CONTROL ON THE BASIS THAT THE WITNESS WHO PROVIDED THE DATA GAVE LIMITED CONSENT WITH RESPECT TO ITS USE? IF NOT, IS RELIEF WARRANTED?

 

Appellant will file a brief on or before February 25, 2025, 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 Order

 

No. 25-0028/AR. U.S. v. Cory N. Penven. CCA 20230087. Appellant's motion to file the supplement to the petition for grant of review out of time is granted.

 

Petition for Reconsideration Filed

 

No. 25-0069/AR. Matthew E. Davis, Petitioner v. Colonel Douglas Curtis, Commandant, United States Disciplinary Barracks, Respondent.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 3, 2025

 

Miscellaneous Docket - Filings

 

No. 25-0090/AR. In re David J. Rudometkin. CCA 20180058. Notice is given that a petition for extraordinary relief in the nature of writ of habeas corpus was filed under Rule 27(a) on January 30, 2025, and placed on the docket this date.

 

No. 25-0091/AF. In re Isaac J. Serjak. CCA 40392. Notice is given that a petition for extraordinary relief in the nature of writ of habeas corpus was filed under Rule 27(a) on this date.

 

Order Granting Petition for Review

 

No. 25-0041/AR. U.S. v. Trenton W. Orr. CCA 20220547. 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 MILITARY JUDGE ERRED BY ORDERING THE SENTENCES OF CONFINEMENT TO RUN CONSECUTIVELY WHEN EACH SPECIFICATION INVOLVED THE SAME VICTIM AND THE SAME ACT OR TRANSACTION.

 

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

 

Interlocutory Orders

 

No. 25-0004/MC. U.S. v. Joseph D. Suarez. CCA 202300049. Appellee's motion to extend time to file a brief is granted to February 24, 2025.

 

No. 25-0089/MC. U.S. v. Alvin Valencia. CCA 202300240. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 24, 2025.



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