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United States Court of Appeals
for the Armed Forces
450 E Street, Northwest Washington D.C. 20442-0001

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Wednesday, June 4, 2014

9:30 a.m.:

United States v.	Jimmy L. Wilson	No. 14-5003/AF
(Appellant)	(Appellee)	(audio)

Counsel for Appellant:  Maj Daniel J. Breen, USAFR (brief)                                          ------------------------------- (reply brief)
Counsel for Appellee:  Capt Thomas A. Smith, USAF (brief)

Case Summary: GCM conviction of violating a lawful order. Certified issue questions whether Article 12, UCMJ, applies to the circumstance where an accused and/or convicted member of the Armed Forces is confined in immediate association with foreign nationals in a state or federal facility within the continental limits of the United States.

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument.

Followed by:

United States v.	Michael C. McPherson	No. 14-0348/AF & 14-5002/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:  Capt Thomas A. Smith, USAF (brief)    
Counsel for Appellee:  Maj Daniel J. Breen, USAFR (brief)    

Case Summary: SPCM conviction of being absent without leave, distribution of anabolic steroids, fraudulent enlistment, unauthorized absence, making a false official statement, possession of a controlled substance, and using anabolic steroids. Certified issue questions whether Article 12, UCMJ, applies to the circumstance where an accused and/or convicted member of the Armed Forces is confined in immediate association with foreign nationals in a state or federal facility within the continental limits of the United States. The granted issue questions whether the Court of Criminal Appeals erred when it required the service member to exhaust administrative remedies before receiving relief.

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument.