UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 20, 2026

 

Petitions for Grant of Review Denied

 

No. 26-0171/AR. U.S. v. Timothy J. Lukacz. CCA 20240143.

No. 26-0182/AR. U.S. v. Janvier Sogandji. CCA 20240627.

 

 

Hearings

 

No. 26-0039/NA. U.S. v. Anthony D. Grafton. CCA 202400055.

No. 26-0096/AF. U.S. v. Nathaniel A. Casillas. CCA 40551.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 19, 2026

 

Petition for Grant of Review Filed

 

No. 26-0200/AR. U.S. v. Chazten M. Wells. CCA 20250093.

 

Petition for Grant of Review - Summary Disposition

 

No. 26-0127/AF. U.S. v. Tavaris Banks. CCA 24057. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, we note that the Court of Criminal Appeals found it appropriate to partially disapprove Appellant's term of confinement and reduction in rank for excessive post-trial delay. The convening authority approved a reduction to the grade of E-5, with reduction below E-6 suspended until 16 September 2023, at which time, unless the suspension had been vacated, the suspended part of the sentence would be remitted. With the reduction below E-6 remitted, the approval of the reduction to E-6 by the Court of Criminal Appeals in the decretal paragraph of its decision appears not to have provided the partial relief of the reduction in rank it noted earlier in its opinion.

 

Accordingly, it is ordered that said petition is granted on the following issue:

 

The Air Force Court of Criminal Appeals determined that partially disapproving Appellant's reduction in rank is appropriate relief for unreasonable post-trial delay. Did the Air Force Court of Criminal Appeals err when it failed to disapprove any of the reduction in rank not previously remitted?

 

The decision of the United States Air Force Court of Criminal Appeals is affirmed as to findings and set aside as to sentence. The record is returned to the Judge Advocate General of the Air Force for remand to the Court of Criminal Appeals for a new review of the sentence, consistent with this order, under Article 66(d)(1), Uniform Code of Military Justice, 10 U.S.C. § 866(d)(1) (2018).

 

Hearings

 

No. 26-0002/AR. U.S. v. Zackery J. Askins. CCA 20230303.

No. 26-0156/MC. U.S. v. Thomas E. Kruse. CCA 202500370.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 18, 2026

 

Interlocutory Orders

 

No. 26-0173/AR. U.S. v. Stephen C. Chillura. CCA 20230579. Appellant's third motion to extend time to file the supplement to the petition for grant of review is granted, up to and including May 28, 2026. No further extensions of time will be granted in this case.

 

No. 26-0187/NA. U.S. v. Jesus S. Santiago. CCA 202400399. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to June 3, 2026.

 

No. 26-0199/CG. U.S. v. Lancaster E. Clark IV. CCA 1507. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 8, 2026.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 15, 2026

 

Petitions for Grant of Review Filed

 

No. 26-0197/AR. U.S. v. Elpidio Rodriguez. CCA 20240186.

No. 26-0198/AR. U.S. v. Wilfredo Vailmendez. CCA 20250332.

No. 26-0199/CG. U.S. v. Lancaster E. Clark IV. CCA 1507.

 

Petitions for Grant of Review Denied

 

No. 26-0126/MC. U.S. v. Daniel H. Arnold. CCA 202400368.

No. 26-0186/AR. U.S. v. Nathaniel I. Gilkey. CCA 20210440.

No. 26-0188/AR. U.S. v. Alex H. Bean. CCA 20240529.

 

Petition for Grant of Review - Summary Disposition

 

No. 26-0155/MC. U.S. v. Jonathan A. Rojas. CCA 202400184. 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, and, the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed.*

 

* It is directed that the entry of judgment as modified on appeal dated January 20, 2026, be corrected to accurately reflect that the terms of confinement will run concurrently.

 

Interlocutory Orders

 

No. 26-0093/MC. U.S. v. Nathan M. Rivera. CCA 202400304. Appellee's motion to extend time to file a brief is granted to June 22, 2026.

 

No. 26-0196/NA. U.S. v. George B. Selleneit. CCA 202400185. Appellant's motion to extend time to file a supplement to the petition for grant of review is hereby granted to June 5, 2026.

 

No. 26-0197/AR. U.S. v. Elpidio Rodriguez. CCA 20240186. Appellant's motion to extend time to file a supplement to the petition for grant of review is hereby granted to June 5, 2026.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 14, 2026

 

Petition for Grant of Review Filed

 

No. 26-0196/NA. U.S. v. George B. Selleneit. CCA 202400185.

 

Petition for Reconsideration Filed

 

No. 26-0104/CG. U.S. v. James D. Fink. CCA 1502.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 12, 2026

 

Petitions for Grant of Review Denied

 

No. 26-0066/AR. U.S. v. Zachariah S. Patterson. CCA 20220033.

No. 26-0165/AF. U.S. v. William J. Fundis. CCA 40689.

No. 26-0184/AR. U.S. v. Dymond I. Davis. CCA 20250338.

No. 26-0185/AR. U.S. v. Malcolm A. Phillip. CCA 20250346.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 26-0141/AF. U.S. v. Dietrich A. Smith. CCA 40437. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, we note that the lower court's opinion states: " '[W]hen a plea of guilty is attacked for the first time on appeal, the facts will be viewed in the light most favorable to the [G]overnment.' United States v. Arnold, 40 M.J. 744, 745 (A.F.C.M.R. 1994) (citation omitted)." However, this Court's opinion in United States v. Inabinette, 66 M.J. 320, 322 (C.A.A.F. 2008), articulates the proper standard for reviewing a military judge's decision to accept an accused's guilty plea: "[W]e apply the substantial basis test, looking at whether there is something in the record of trial, with regard to the factual basis or the law, that would raise a substantial question regarding the appellant's guilty plea." We note that the lower court both correctly articulated and applied the Inabinette standard. Therefore, even assuming arguendo that the lower court erred by obliquely referencing the Arnold language quoted above, we find no prejudice. Accordingly, it is ordered that said petition is granted on the following issue:

 

Whether the Air Force Court of Criminal Appeals abused its discretion by analyzing the providence of Appellant's plea using an erroneous "light most favorable to the Government" standard of law.

 

The decision of the United States Air Force Court of Criminal Appeals is affirmed.

 

 

No. 26-0154/NA. U.S. v. Ruben Cruz. CCA 202400211. 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.  Whether Appellant's plea was improvident based on a misunderstanding of the convening authority's options when acting upon Appellant's request to transfer to the Fleet Reserve.

 

II. Whether Appellant's trial defense counsel rendered ineffective assistance in advising Appellant on the request to transfer to the Fleet Reserve in connection with Appellant's plea agreement.

 

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 that court to obtain an affidavit from trial defense counsel that responds to Appellant's allegations that his plea was improvident and that his trial defense counsel rendered ineffective assistance. A hearing is authorized under Article 66(f)(3), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 866(f)(3) (2018), if the court determines it is necessary to further develop the record. The Court of Criminal Appeals shall then review the granted issues in light of the affidavit and any other relevant matters. Thereafter, Article 67, UCMJ, 10 U.S.C. § 867 (2018), shall apply.

 

Interlocutory Orders

 

No. 26-0109/AR. U.S. v. Sherwood E. Reed. CCA 20240321. Appellant's second motion to extend time to file a brief is granted to May 28, 2026.

 

No. 26-0168/AR. U.S. v. Ricky A. Smith. CCA 20230482. Appellant's third motion to extend time to file the supplement to the petition for grant of review is granted, up to and including to May 22, 2026. No further extensions of time will be granted in this case.

 

No. 26-0179/NA. U.S. v. Brian J. Sumpter. CCA 202400329. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to May 27, 2026.

 

No. 26-0193/AR. U.S. v. David M. Ingram. CCA 20230608. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 2, 2026.

 

No. 26-0194/AF. U.S. v. Noah D. Bogert. CCA 40855. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 2, 2026.

 

Petition for Reconsideration Granted

 

No. 26-0175/AR. U.S. v. Frank J. Barbosa. CCA 20240538. On consideration of Appellant's petition for reconsideration of this Court's order issued on April 29, 2026, it is ordered that the petition for reconsideration is granted. Appellant's timely filed petition for grant of review is accepted, with an effective date of April 14, 2026. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to June 2, 2026.

 

Petition for Reconsideration Denied

 

No. 25-0044/AF. U.S. v. Jamal X. Washington. CCA 39761. Appellant's petition for reconsideration of this Court's decision, __ M.J. __ (C.A.A.F. 2026), is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 11, 2026

 

Petitions for Grant of Review Filed

 

No. 26-0193/AR. U.S. v. David M. Ingram. CCA 20230608.

No. 26-0194/AF. U.S. v. Noah D. Bogert. CCA 40855.

 

Petition for Grant of Review Denied

 

No. 26-0162/AF. U.S. v. Kenneth M. Griffin. CCA 40642.

 

Miscellaneous Docket - Filing

 

No. 26-0195/AF. U.S. v. Chantay P. White. CCA 2026-04. 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 May 8, 2026, and placed on the docket this date.

 

Interlocutory Order

 

No. 26-0138/NA. United States, Appellant. v. Levani J. Eneliko, Appellee. CCA 202400058. Appellee's motion to extend time to file a brief is granted to May 26, 2026.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 7, 2026

 

Petition for Grant of Review Filed

 

No. 26-0192/AR. U.S. v. Gabriel Y. Berdzina. CCA 20250056.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 6, 2026

 

Petition for Grant of Review Denied

 

No. 26-0130/AR. U.S. v. Justin R. Robinson. CCA 20230640.

 

Interlocutory Orders

 

No. 26-0156/MC. U.S. v. Thomas E. Kruse. CCA 202500370. On consideration of the motion filed by Air Force Appellate Defense Division for leave to suspend Rule 26(d), it is ordered that the motion is granted.

 

No. 26-0174/MC. U.S. v. Dominique D. Wilson. CCA 202400373. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to May 20, 2026.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 5, 2026

 

Interlocutory Orders

 

No. 26-0173/AR. U.S. v. Stephen C. Chillura. CCA 20230579. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to May 18, 2026.

 

No. 26-0189/AR. U.S. v. Lance E. Colbert. CCA 20200259. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 26, 2026.

 

No. 26-0190/AF. U.S. v. Kyshown D. Campbell. CCA 40652. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 26, 2026.

 

No. 26-0191/MC. U.S. v. Eric E. Tennyson. CCA 202400272. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 26, 2026.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 4, 2026

 

Petitions for Grant of Review Filed

 

No. 26-0190/AF. U.S. v. Kyshown D. Campbell. CCA 40652.

No. 26-0191/MC. U.S. v. Eric E. Tennyson. CCA 202400272.

 

Petitions for Grant of Review Denied

 

No. 26-0157/MC. U.S. v. Makhi Brockenborough. CCA 202400476.

No. 26-0160/AF. U.S. v. Dioderson Augustin. CCA 40655.

No. 26-0180/NA. U.S. v. Cherelle J. Benton. CCA 202400302.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 1, 2026

 

Petition for Grant of Review Filed

 

No. 26-0189/AR. U.S. v. Lance E. Colbert. CCA 20200259.

 

Petitions for Grant of Review Denied

 

No. 26-0164/AR. U.S. v. Marcus J. Grant. CCA 20240301.

No. 26-0177/AR. U.S. v. Levi R. Smith. CCA 20250353.



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