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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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Tuesday, November 7, 2023

9:30 a.m.: (Rescheduled to 19 Dec 2023)

United States v.	Thomas L. Wheeler	No. 23-0140/NA
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: LCDR Megan P. Marinos, USMC (brief)
                                       ---------------------------------- (reply brief)
Counsel for Appellee:  Brian K. Keller, Esq. (brief)    

Case Summary: SCM conviction for sleeping at his post. Granted issues are: (1) did the lower court err in holding that the due process clause of the Fifth Amendment does not protect a servicemember's fundamental right to a panel of members at court-martial; and (2) did the lower court err by deferring to a convening authority's case-by-case referral decision rather than an objective standard to determine whether an offense is serious?

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

9:30 a.m.:

United States v.	Israel E. Flores	No. 23-0198/AF
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: Maj Heather M. Caine, USAF (brief)
                                       ------------------------------ (reply brief)
Counsel for Appellee:  Mary Ellen Payne, Esq. (brief)

Brief of Amicus Curiae -- Jim Young

Case Summary: GCM conviction for making a false official statement and assault and battery. Granted issue is whether sentence appropriateness review for segmented sentencing must consider each segmented sentence to confinement, or instead only the overall sentence.

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