UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 31, 2025

 

Petitions for Grant of Review Filed

 

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

No. 25-0089/MC. U.S. v. Alvin Valencia. CCA 202300240.

 

Petition for Grant of Review Denied

 

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

 

Interlocutory Order

 

No. 24-0144/NA. U.S. v. Salvador Jacinto. CCA 201800325. On consideration of the briefs and oral arguments by the parties on the granted issues, it is ordered that within 30 days of this order, the Government will submit to the Court an affidavit from Dr. Harwant Gill addressing why E.B. was prescribed Thorazine and whether E.B. exhibited psychotic agitation in May 2017. The Government will file its submission to the Court under seal.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 30, 2025

 

Petition for Grant of Review Filed

 

No. 25-0086/AR. U.S. v. David K. Myers. CCA 20230100.

 

Miscellaneous Docket - Filing

 

No. 25-0087/AR. In re Rene G. Fuentes, Petitioner. CCA 20170390. Notice is given that a petition for extraordinary relief in the nature of a writ of error coram nobis was filed under Rule 27(a) on this date.

 

Interlocutory Order

 

No. 25-0085/AR. U.S. v. Travis M. Alfred. CCA 20220126. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 20, 2025




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 29, 2025

 

Petition for Grant of Review Filed

 

No. 25-0085/AR. U.S. v. Travis M. Alfred. CCA 20220126.

 

Orders Granting Petition for Review

 

No. 24-0221/AF. U.S. v. Jakalien J. Cook. CCA 40333. 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 APPELLANT'S CONVICTIONS FOR TRANSPORTING ALIENS AND CONSPIRING TO TRANSPORT ALIENS ARE FACTUALLY SUFFICIENT.

 

II.  WHETHER THE LOWER COURT ERRONEOUSLY INTERPRETED AND APPLIED THE AMENDED FACTUAL SUFFICIENCY STANDARD UNDER ARTICLE 66(d)(1)(B), UCMJ.

 

III. WHETHER AN APPELLANT CAN WAIVE THE MILITARY JUDGE'S INCORRECT MAXIMUM PUNISHMENT CALCULATION THAT TRIPLED APPELLANT'S PUNITIVE EXPOSURE.

 

IV. WHETHER THE MILITARY JUDGE ERRED IN CALCULATING THE MAXIMUM PUNISHMENT FOR THE OFFENSE OF ILLEGALLY TRANSPORTING ALIENS AS A VIOLATION OF 8 U.S.C. §1342.

 

On or before February 19, 2025, Appellant will file a brief on Issues III and IV 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.

 

No. 25-0032/AR. U.S. v. Jonny Gonzalez. CCA 20230632. 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 APPELLANT HAD FAIR NOTICE THAT THE PORTIONS OF SPECIFICATION 2 OF THE CHARGE ALLEGING AN ARTICLE 133 VIOLATION FOR AN EXTRAMARITAL KISS CONSTITUTED CONDUCT THAT WAS FORBIDDEN AND SUBJECT TO CRIMINAL SANCTION.

 

Appellant will file a brief on or before February 19, 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 

 

Hearings

 

No. 24-0004/SF. U.S. v. Devin W. Johnson. CCA 40257.

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 28, 2025

 

Order Granting Petition for Review

 

No. 25-0030/AF. U.S. v. Daniel L. Block. CCA 40466. 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), UNIFORM CODE OF MILITARY JUSTICE, 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.

 

Hearings

 

No. 24-0147/AR. U.S. v. Ryan C. Thomas. CCA 20210662.

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, January 27, 2025

 

Petitions for Grant of Review Filed

 

No. 25-0083/AF. U.S. v. Maxwell A. Matthew. CCA 39796.

No. 25-0084/AR. U.S. v. Nicholas B. Lowery. CCA 20240300.

 

Order Granting Petition for Review

 

No. 25-0006/AF. U.S. v. Dontavius A. Bates. CCA S32752. 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), UNIFORM CODE OF MILITARY JUSTICE, 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. 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.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 23, 2025

 

Petitions for Grant of Review Denied

 

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 Order

 

No. 24-0212/AF. U.S. v. Monica R. Arroyo. CCA 40321. On consideration of a motion filed by the amicus curiae counsel for oral argument, and Appellant's motion to strike a portion of the brief filed by amicus curiae counsel, it is ordered that the amicus curiae motion for oral argument is hereby denied, and Appellant's motion to strike a portion of the amicus curiae brief is denied.*

___________________

 

* Judge Maggs would grant Appellant's motion to strike a portion of the brief filed by amicus curiae counsel.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 22, 2025

 

Interlocutory Orders

 

No. 24-0196/NA. U.S. v. Edmond A. Maebane III. CCA 202200228. Appellant's second motion to extend time to file a reply brief is granted up to and including January 24, 2025.

 

No. 25-0047/AR. Travis M. Alfred, Appellant v. United States, Appellee. CCA 20220126. On consideration of the petition for extraordinary relief in the nature of a writ of mandamus, it is ordered that the United States show cause on or before February 3, 2025, why the requested relief should not be granted and specifically address the jurisdiction of this Court to grant the requested relief. Petitioner may file a reply within 5 days of the filing by the United States.

 

No. 25-0066/AR. U.S. v. Stefon M. Reid. CCA 20220160. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to February 5, 2025.

 

No. 25-0082/AR. U.S. v. Quintan G. Brassfield. CCA 20230516. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 10, 2025.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 21, 2025

 

Petition for Grant of Review Filed

 

No. 25-0082/AR. U.S. v. Quintan G. Brassfield. CCA 20230516.

 

Petitions for Grant of Review Denied

 

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

No. 25-0050/AR. U.S. V. Raymond M. Mitchell. CCA 20230199.

No. 25-0054/AR. U.S. v. Christian T. Dearman. CCA 20230444.

No. 25-0059/AR. U.S. v. Aurelius P. Yesslith. CCA 20240023.

 

Order Granting Petition for Review

 

No. 25-0019/AR. U.S. v. Oscar A. Batres. CCA 20220223. 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 APPELLANT'S OFFENSES INVOLVED THE SAME VICTIM AND THE SAME TRANSACTION UNDER RULE FOR COURTS-MARTIAL 1002(d)(2)(B)(i) SUCH THAT THE MILITARY JUDGE ERRED IN ORDERING APPELLANT'S SEGMENTED SENTENCES TO RUN CONSECUTIVELY.

 

Appellant will file a brief on or before February 11, 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. 24-0144/NA. U.S. v. Salvador Jacinto. CCA 201800325. On consideration of Appellant's motion to file a reply brief out of time, and Intervenor E.B.'s motion for leave to file an amicus curiae brief under seal, and motion for leave to allow student representation and argument as amicus curiae, it is ordered that the motion to file a reply brief out of time, and the motion for leave to file an amicus curiae brief under seal are granted, and the motion for leave to allow student representation and argument as amicus curiae is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 17, 2025

 

Interlocutory Orders

 

No. 25-0065/AR. U.S. v. Joshua R. Mabins. CCA 20220543. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to February 7, 2025.

 

No. 25-0073/AF. U.S. v. Joshua A. Patterson. CCA 40426. Appellant's motion to extend time to file a brief is granted to February 5, 2025.

 

No. 25-0081/AR. U.S. v. Jerome J. Forrest. CCA 20200715. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 7, 2025.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 16, 2025

 

Petition for Grant of Review Filed

 

No. 25-0081/AR. U.S. v. Jerome J. Forrest. CCA 20200715.

 

Miscellaneous Docket - Summary Disposition

 

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

 

Interlocutory Orders

 

No. 24-0196/NA. U.S. v. Edmond A. Maebane III. CCA 202200228. Appellant's motion to extend time to file a reply brief is granted, up to and including January 23, 2025, and no further extension of time will be granted in this case.

 

No. 25-0055/AR. U.S. v. Michael V. Smith. CCA 20230029. Appellant's motion to attach defense appellate exhibit B (matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982)), is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 15, 2025

 

Petition for Grant of Review Filed

 

No. 25-0080/AR. U.S. v. James W. Mackenzie. CCA 20240152.

 

Interlocutory Order

 

No. 24-0004/AF. U.S. v. Devin W. Johnson. CCA 40257. On consideration of Appellant's motion to remand in lieu of oral argument and motion to vacate the oral argument hearing notice issued December 30, 2024, it is ordered that the motions are denied.

 

Hearings

 

No. 24-0134/CG. U.S. v. Andrew J. Shafran. CCA 1480.

No. 24-0159/AR. U.S. v. Adalberto Brinkman-Coronel. CCA 20220225.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 14, 2025

 

Petition for Grant of Review Filed

 

No. 25-0079/AR. U.S. v. Anderson A. Antepara. CCA 20220562.

 

Hearings

 

No. 24-0089/AF. U.S. v. Nikolas S. Casillas. CCA 40302.

No. 24-0208/AF. U.S. v. Michael A. Valentin-Andino. CCA 40185.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, January 13, 2025

 

Petitions for Grant of Review Filed

 

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

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

 

Petition for Grant of Review Denied

 

No. 25-0049/AR. U.S. v. William D. Robinson. CCA 20230109.

 

Petition for Grant of Review - Summary Disposition

 

No. 25-0018/AF. U.S. v. Corey M. Vargo. CCA 40653. On consideration of Appellee's motion to dismiss the petition for grant of review, it is ordered that the motion granted, and the petition for grant of review is dismissed.

 

Interlocutory Orders

 

No. 24-0179/AR. U.S. v. David J. Rudometkin. CCA 20180058. On consideration of Appellant's pro se motion for stay of case, dated December 9, 2024, it is noted that after Appellant submitted his motion, this Court issued an order granting his previous pro se motion to extend time to file the supplement until January 31, 2025, and stating that no further enlargements of time would be granted. Accordingly, in view of that order, it is ordered that the pro se motion for stay of case is hereby denied.

 

No. 24-0196/NA. U.S. v. Edmond A. Maebane III. CCA 202200228. Appellee's motion for leave to file a supplemental joint appendix is granted.

 

No. 24-0229/AF. U.S. v. Carson C. Conway. CCA 40372. 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. Appellee's motion to extend time to file a brief is granted to February 3, 2025.

 

No. 25-0072/AR. U.S. v. Jeff I. Gordon II. CCA 20210382. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to January 26, 2025.

 

No. 25-0075/AR. U.S. v. Jimmy D. Tingle. CCA 20220581. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 3, 2025.

 

No. 25-0076/AF. U.S. v. Adam S. Kelnhofer. CCA 23012. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to February 3, 2025.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 10, 2025

 

Petition for Grant of Review Filed

 

No. 25-0075/AR. U.S. v. Jimmy D. Tingle. CCA 20220581.

 

Petitions for Grant of Review Denied

 

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

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

No. 25-0042/AR. U.S. v. Johnathon M. Roesch. CCA 20230431.

No. 25-0045/AR. U.S. v. Nathaniel A. Martin. CCA 20230234.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 8, 2025

 

Petitions for Grant of Review Filed

 

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

 

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

 

Order Granting Petition for Review

 

No. 24-0235/AF. U.S. v. Kris A. Hollenback. CCA 40481. 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 issues:

 

I.  WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS HAD JURISDICTION TO PROVIDE APPROPRIATE RELIEF UNDER ARTICLE 66(d)(2), UCMJ, FOR THE ERRONEOUS AND UNCONSTITUTIONAL FIREARM PROHIBITION NOTED ON THE STAFF JUDGE ADVOCATE'S INDORSEMENT COMPLETED AFTER 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 STAFF JUDGE ADVOCATE'S 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 STAFF JUDGE ADVOCATE'S INDORSEMENT TO THE ENTRY OF JUDGMENT WOULD SATISFY THE COURT'S PRUDENTIAL CASE OR CONTROVERSY DECISIONS.

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, January 6, 2025

 

Petition for Grant of Review Filed

 

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

 

Certificate for Review Filed

 

No. 25-0073/AF. U.S. v. Joshua A. Patterson. CCA 40426. Notice is hereby given that a certificate for review of the decision of the United States Air Force Court of Criminal Appeals was filed under Rule 22 on the following issue:

 

WHERE TIME WAS NOT AN ESSENTIAL ELEMENT OF THE OFFENSE, DID THE AIR FORCE COURT OF CRIMINAL APPEALS ERR BY FINDING FACTUAL INSUFFICIENCY BASED ON A DISCREPANCY BETWEEN THE DATES PLEADED AND THE DATES PROVED, WHEN IT SHOULD HAVE APPLIED A VARIANCE ANALYSIS AND FOUND A NON-FATAL VARIANCE INSTEAD?

 

Appellant will file a brief under Rule 22(b) in support of said certificate on or before the 29th day of January, 2025.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 3, 2025

 

Petitions for Grant of Review Filed

 

No. 25-0070/AR. U.S. v. Daytron Abdullah. CCA 20230223.

No. 25-0071/AF. U.S. v. Clint C. Scott. CCA 40369.

 

Interlocutory Orders

 

No. 24-0158/MC. U.S. v. Dominic L. Ruiz. CCA 202300007. Appellee's motion to extend time to file a brief is granted to January 30, 2025.

 

No. 25-0070/AR. U.S. v. Daytron Abdullah. CCA 20230223. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to January 23, 2025.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 2, 2025

 

Petition for Grant of Review Filed

 

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

 

Petitions for Grant of Review Denied

 

No. 24-0195/MC. U.S. v. Hleb Kukharau. CCA 202300062.

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

 

Miscellaneous Docket - Filing

 

No. 25-0069/AR. Matthew E. Davis, Petitioner v. Colonel, (0-6) Douglas Curtis, Commandant, United States Disciplinary Barracks, Respondent. Notice is given that a petition for extraordinary relief on application in the nature of writ of habeas corpus was filed under Rule 27(a) on this date.

 

Interlocutory Orders

 

No. 25-0052/AF. U.S. v. Mark L. Martell. CCA 40501. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to January 21, 2025.

 

No. 25-0067/NA. U.S. v. Joufher B. Espejo. CCA 202300135. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to January 22, 2025.



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