UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, March 31, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0205/AF. U.S. v. Dylan S. Hale. CCA 39724.

No. 21-0206/AF. U.S. v. Anthony W. Harris, Jr. CCA 39640.

 

Miscellaneous Docket - Filing

 

No. 21-0207/AF. In re Tyler D. Coovert, Petitioner. CCA 39848. Notice is given that a petition for extraordinary relief in the nature of writ of prohibition or, in the alternative, a writ of mandamus was filed under Rule 27(a) on this date.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 30, 2021

 

Interlocutory Order

 

No. 21-0204/AR. U.S. v. Kevin S. Arce. CCA 20190518. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 19, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 29, 2021

 

Petition for Grant of Review Filed

 

No. 21-0204/AR. U.S. v. Kevin S. Arce. CCA 20190518.

 

Petitions for Grant of Review Denied

 

No. 20-0355/AF. U.S. v. Dillon J. Haggart. CCA 39601.

No. 21-0110/AR. U.S. v. Primitivo F. Delgado. CCA 20190230.

No. 21-0139/AR. U.S. v. Gabriel O. Inaboya. CCA 20200222.

No. 21-0143/AF. U.S. v. Steven L. Newt. CCA 39629.

No. 21-0168/AF. U.S. v. Jose L.C. Cortes. CCA 39660.

No. 21-0173/AR. U.S. v. Pablo Padilla. CCA 20200213.

No. 21-0174/AR. U.S. v. Julian P. Payne. CCA 20200165.

 

Interlocutory Order

 

No. 21-0201/AR. U.S. v. Adrian L. Ingram, Jr. CCA 20190610. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 19, 2021.

 

Mandate Issued

 

No. 20-0268/MC. U.S. v. Gregory S. Simpson. CCA 201800268.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 26, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0201/AR. U.S. v. Adrian L. Ingram, Jr. CCA 20190610.

No. 21-0202/AR. U.S. v. Isaiah M. Hackworth. CCA 20200026.

No. 21-0203/AR. U.S. v. Rasheed A. Walker. CCA 20200212.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, March 25, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0199/AF. U.S. v. Xavier L. Rice. CCA 39071.

No. 21-0200/AR. U.S. v. Jarrod D. Meaux. CCA 20190315.

 

Petitions for Grant of Review Denied

 

No. 21-0051/AR. U.S. v. Dearies A. Robinson. CCA 20190549.

No. 21-0093/AF. U.S. v. Jesse A. Cool. CCA 39714.

No. 21-0115/AF. U. S. v. Malik K. Crump. CCA 39628.

No. 21-0119/AR. U.S. v. Martin Jimenez-Contreras. CCA 20190030.

No. 21-0136/AF. U.S. v. Zhermie R. Toledo. CCA 39232.

 

Miscellaneous Docket - Filing

 

No. 21-0198/AF. Charles B. Justice, Appellant v. United States, Appellee. CCA 2021-01. Notice is given that a writ-appeal petition for review of the decision of the United States Air Force Corps Court of Criminal Appeals on application for extraordinary relief in the nature of a writ of mandamus was filed under Rule 27(b) on this date.

 

Interlocutory Orders

 

No. 21-0141/MC. A.J.W., Appellant v. United States, Appellee and Tyrell T. Green, Lance Corporal (E-3), U.S. Marine Corps, Real Party in Interest. CCA 202000084. On consideration of the writ-appeal petition, and Appellee's motions to supplement the record and file a supplemental response, it is ordered that the motions are granted, and the writ-appeal petition is denied.

 

No. 21-0172/MC. U.S. v. Timothy A. Irvin. CCA 201900174. Appellant's third motion to extend time to file the supplement to the petition for grant of review is granted to April 5, 2021, and that absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 21-0194/NA. U.S. v. Jayson W. Grant. CCA 201900212. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 14, 2021.

 

No. 21-0196/AF. U.S. v. Ryan J. Michalec. CCA 39771. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 14, 2021.

 

No. 21-0197/AF. U.S. v. Anthony R. Lizana. CCA 39280. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 14, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, March 24, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0195/AR. U.S. v. Andy L. Owens. CCA 20190754.

No. 21-0196/AF. U.S. v. Ryan J. Michalec. CCA 39771.

No. 21-0197/AF. U.S. v. Anthony R. Lizana. CCA 39280.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 23, 2021

 

Petition for Grant of Review Filed

 

No. 21-0194/NA. U.S. v. Jayson W. Grant. CCA 201900212.

 

Mandatory Review Case Filed

 

No. 21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. Notice is given that a case requiring mandatory review of the decision of the United States Army Court of Criminal Appeals in which the affirmed sentence extends to death was filed under Rule 23 on this date. Appellant will file a brief under Rule 23(b) on or before the 24th day of May, 2021.

 

Orders Granting Petition for Review

 

No. 21-0089/MC. U.S. v. Jonathan Quezada. CCA 201900115. 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:

 

THE MILITARY JUDGE INSTRUCTED MEMBERS THAT THEY COULD CONSIDER THE FACT THAT APPELLANT MADE THE FALSE OFFICIAL STATEMENT WITH WHICH HE WAS CHARGED AS EVIDENCE THAT HE WAS GUILTY OF ANOTHER CHARGED OFFENSE. DID THIS INSTRUCTION VIOLATE APPELLANT'S RIGHT TO A PRESUMPTION OF INNOCENCE UNDER UNITED STATES v. HILLS, 75 M.J. 350 (2016)?

 

Briefs will be filed under Rule 25.

 

No. 21-0146/AF. U.S. v. Cory J. Frantz. CCA 39657. 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:

 

WHETHER THE LOWER COURT ERRED WHEN IT RULED THAT IT COULD NOT CONSIDER EVIDENCE OUTSIDE THE RECORD TO DETERMINE SENTENCE APPROPRIATENESS UNDER ARTICLE 66(c), UCMJ.

 

No briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 22, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0191/AR. U.S. v. Jorge L. Cedeno-Marquez. CCA 20200255.

No. 21-0192/AF. U.S. v. Clarence L. Jones III. CCA 39766.

 

Petition for Grant of Review Denied

 

No. 21-0166/AR. U.S. v. Michael A. Camarillo. CCA 20190324.

 

Interlocutory Orders

 

No. 21-0188/AF. U.S. v. Blair V. Bauer. CCA 39732. Appellant's motion to extend time to file a supplement to the petition for grant of review is granted to April 12, 2021.

 

No. 21-0190/AF. U.S. v. Jordan L. Hickman. CCA 39811. Appellant's motion to extend time to file a supplement to the petition for grant of review is granted to April 12, 2021.

 

Mandate Issued

 

No. 20-0033/AR. U.S. v. Thomas Ayala. CCA 20170336.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 19, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0188/AF. U.S. v. Blair V. Bauer. CCA 39732.

No. 21-0189/AR. U.S. v. Joshua J. Williams. CCA 20190753.

No. 21-0190/AF. U.S. v. Jordan L. Hickman. CCA 39811.

 

Petitions for Grant of Review Denied

 

No. 21-0161/AF. U.S. v. Zachre M. Hayes. CCA 39736.

No. 21-0163/AR. U.S. v. Angelo C. Hernandezdianda. CCA 20200226.

 

Interlocutory Orders

 

No. 21-0059/MC. U.S. v. Bradley M. Metz. CCA 201900089. Appellant's motion to extend time to file a brief is granted to March 31, 2021.

 

No. 21-0177/AR. U.S. v. William J. Phillips. CCA 20180588. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to April 1, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 16, 2021

 

Petitions for Grant of Review Denied

 

No. 20-0293/CG. U.S. v. Juan A. Guzman. CCA 1461.

No. 21-0105/AR. U.S. v. Timothy J. Evans. CCA 20180651.

No. 21-0132/AF. U.S. v. Soren G. Gere. CCA 39697.

No. 21-0156/AR. U.S. v. Jon A. Childs. CCA 20190845.

No. 21-0159/AR. U.S. v. Ryan D. Harvey. CCA 20200192.

No. 21-0160/AR. U.S. v. Christopher R. Salcido. CCA 20200172.

 

Miscellaneous Docket - Filings

 

No. 21-0186/NA. In re Alan D. Dorrbecker, Petitioner. CCA 201700347. Notice is hereby given that a petition for extraordinary relief in the nature of a writ of habeas corpus was filed under Rule 27(a) on this date.

 

No. 21-0187/AF. In re Evan L. Westcott. CCA 39936. Notice is hereby given that a petition for extraordinary relief in the nature of a writ of prohibition or, in the alternative, a writ of mandamus was filed under Rule 27(a) on this date.

 

Interlocutory Orders

 

No. 20-0293/CG. U.S. v. Juan A. Guzman. CCA 1461. Appellant's motion for appropriate relief is denied as moot.

 

No. 21-0185/AF. U.S. v. Corey J. Campbell. CCA 38875. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 5, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 15, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0184/AR. U.S. v. Joseph P. Popp. CCA 20190333.

No. 21-0185/AF. U.S. v. Corey J. Campbell. CCA 38875.

 

Orders Granting Petition for Review

 

No. 21-0052/NA. U.S. v. Virginia S. Moratalla. CCA 201900073. 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:

 

WHETHER THE APPELLANT'S GUILTY PLEA TO BANK FRAUD UNDER 18 U.S.C. 1344 WAS IMPROVIDENT.

 

Briefs will be filed under Rule 25.

 

No. 21-0130/AF. U.S. v. Clayton W. Turner. CCA 39706. 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:

 

WHETHER THE LOWER COURT ERRED WHEN IT RULED THAT IT COULD NOT CONSIDER EVIDENCE OUTSIDE THE RECORD TO DETERMINE SENTENCE APPROPRIATENESS UNDER ARTICLE 66(c), UCMJ.

 

No briefs will be filed under Rule 25.

 

No. 21-0140/AR. U.S. v. Jonathan D. Davenport. CCA 20200190. 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 CONVENING AUTHORITY'S FAILURE TO TAKE ACTION ON THE SENTENCE DEPRIVED THE ARMY COURT OF JURISDICTION UNDER ARTICLE 66, UCMJ.

 

No briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 20-0345/AR. U.S. v. Jacob L. Brubaker-Escobar. CCA 20190618. On further consideration of the briefs filed by the parties and oral argument, it is ordered that Appellant shall, within 14 days, file a supplemental brief addressing the following issue specified by the Court:

 

WHETHER SECTION 6(b) OF EXECUTIVE ORDER 13,825 OF MARCH 1, 2018 WAS A LAWFUL EXERCISE OF THE AUTHORITY DELEGATED TO THE PRESIDENT BY SECTION 5542(c)(1) OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2017 OR BY ANY OTHER LAW.

 

Appellee will file a supplemental answer within 14 days after the filing of Appellant's supplemental brief. Appellant may file a supplemental reply within 3 days after the filing of Appellant's supplemental answer. Absent extraordinary circumstances, no extensions of time will be granted.

 

No. 21-0172/MC. U.S. v. Timothy A. Irvin. CCA 201900174. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to March 29, 2021.

 

No. 21-0183/NA. U.S. v. Frantz Beauge. CCA 201900197. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 5, 2021.

 

Mandate Issued

 

No. 20-0006/NA. U.S. v. Matthew D. Norwood. CCA 201800038.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 12, 2021

 

Petition for Grant of Review Filed

 

No. 21-0183/NA. U.S. v. Frantz Beauge. CCA 201900197.

 

Interlocutory Orders

 

No. 21-0164/AR. U.S. v. Curtis Waters. CCA 20180604. Appellee's motion to dismiss the petition for grant of review is granted.

 

No. 21-0170/AR. U.S. v. Jerry D. Cleveland. CCA 20170496. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 25, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, March 11, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0181/AR. U.S. v. Justin C. Gaines. CCA 20190153.

No. 21-0182/AR. U.S. v. James E. Bowman, Jr. CCA 20190396.

 

Petitions for Grant of Review Denied

 

No. 21-0100/NA. U.S. v. Alejandro E. Ramos. CCA 202000021.

No. 21-0117/AR. U.S. v. Shane W. Schlak. CCA 20200211.

No. 21-0122/AR. U.S. v. Corey J. Aguilar. CCA 20190611.

No. 21-0147/AR. U.S. v. David Perez-Sanchez. CCA 20200175.

No. 21-0153/AR. U.S. v. Louis F. Espinosa III. CCA 20190539.

 

Interlocutory Orders

 

No. 20-0195/AR. U.S. v. Jeremy N. Navarette. CCA 20160786. Appellant's motion to extend time to file a reply brief is granted to March 15, 2021.

 

No. 20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325. On consideration of the motion filed by Protect Our Defenders to require the filing of redacted copies of briefs filed under seal, it is ordered that the motion is denied as moot.

 

No. 20-0359/NA. U.S. v. Salvador Jacinto. CCA 201800325. On consideration of Appellant's motion for leave to file a brief under seal and the joint appendix containing sealed material under seal, it is ordered that the motion is granted, and that parties will file redacted copies of all pleadings in this case.

 

No. 21-0086/AR. U.S. v. Ronald C. Givens. CCA 20190132. Appellant's motion to extend time to file a brief is granted to March 29, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, March 10, 2021

 

Petition for Grant of Review Filed

 

No. 21-0180/AR. U.S. v. Linvin C. Doty. CCA 20200287.

 

Order Granting Petition for Review

 

No. 21-0120/AR. U.S. v. Michael P. Whiteeyes. CCA 20190221. 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 COMMITTED PREJUDICIAL ERROR BY ADMITTING APPELLANT'S STATEMENTS TO LAW ENFORCEMENT IN VIOLATION OF MILITARY RULE OF EVIDENCE 304(c).

 

Briefs will be filed under Rule 25.

 

Hearing

 

No. 21-0017/AR. U.S. v. Clovis H. Castro. CCA 20190408.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 9, 2021

 

Interlocutory Order

 

No. 21-0141/MC. A.J.W., Appellant v. United States, Appellee and Tyrell T. Green, Lance Corporal (E-3), U.S. Marine Corps, Real Party in Interest. CCA 202000084. On consideration of the motion filed by the United States Marine Corps Defense Services Organization to file a brief as amicus curiae in support of the Real Party in Interest, it is ordered that the motion is granted.

 

Hearings

 

Nos. 20-0217/20/0327 NA. U.S. v. Stephen A. Begani. CCA 201800082.

No. 20-0345/AR. U.S. v. Jacob L. Brubaker-Escobar. CCA 20190618.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 8, 2021

 

Interlocutory Orders

 

No. 21-0145/AR. U.S. v. Terron S. Clemmons. CCA 20180581. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to March 18, 2021.

 

No. 21-0179/AR. U.S. v. Xavier L. Anderson. CCA 20180447. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 29, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 5, 2021

 

Petition for Grant of Review Filed

 

No. 21-0179/AR. U.S. v. Xavier L. Anderson. CCA 20180447.

 

Petition for Grant of Review Denied

 

No. 21-0144/AR. U.S. v. Lionel Garcia, Jr. CCA 20200244.

 

Mandate Issued

 

No. 20-0142/CG. U.S. v. Koda M. Harpole. CCA 1420.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, March 4, 2021

 

Petition for Grant of Review Filed

 

No. 21-0178/AR. U.S. v. Gaige P. Wynne. CCA 20200274.

 

Petitions for Grant of Review Denied

 

No. 20-0292/AR. U.S. v. David A. Cole. CCA 20180536.

No. 21-0068/MC. U.S. v. Maurice J. Lewis. CCA 201900048.

No. 21-0106/AR. U.S. v. Rayaldwin C. Balangue. CCA 20200018.

No. 21-0123/AR. U.S. v. Romel D. Gilmore. CCA 20200228.

No. 21-0125/AF. U.S. v. Grabel P.M. Guerrero. CCA 39716.

 

Order Granting Petition for Review

 

No. 21-0126/AF. U.S. v. James A. Aumont. CCA 39673. 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:

 

WHETHER THE CONVENING AUTHORITY'S FAILURE TO TAKE ACTION ON THE SENTENCE DEPRIVED THE AIR FORCE COURT OF JURISDICTION UNDER ARTICLE 66, UCMJ.

 

No briefs will be filed under Rule 25.

 

Interlocutory Order

 

No. 21-0177/AR. U.S. v. William J. Phillips. CCA 20180588. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 22, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 2, 2021

 

Petitions for Grant of Review Filed

 

No. 21-0176/AF. U.S. v. Radell J. Mitchell. CCA 39794.

No. 21-0177/AR. U.S. v. William J. Phillips. CCA 20180588.

 

Petitions for Grant of Review Denied

 

No. 21-0048/AF. U.S. v. Jonathan P. Robertson. CCA 39061.

No. 21-0084/AR. U.S. v. Tristan N. Megaw. CCA 20190028.

No. 21-0101/MC. U.S. v. Bradley M. Metz. CCA 201900214.

No. 21-0102/AR. U.S. v. Jose F. Castaneda. CCA 20190246.

No. 21-0114/AF. U.S. v. Cameron D. Sundstrum. CCA 39713.

No. 21-0131/AR. U.S. v. Logan P. Smith. CCA 20200253.

 

Interlocutory Orders

 

No. 21-0124/AR. U.S. v. Michael A. Horner. CCA 20190249. Appellant's motion for leave to attach Defense Appellate Exhibit B is granted.

 

No. 21-0176/AF. U.S. v. Radell J. Mitchell. CCA 39794. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 22, 2021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 1, 2021

 

Order Granting Petition for Review

 

No. 21-0111/AR. U.S. v. Jesse M. Thompson. CCA 20180519. 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 IS ENTITLED TO RELIEF UNDER R.C.M. 914.

 

Briefs will be filed under Rule 25.

 

Interlocutory Order

 

No. 21-0175/AR. U.S. v. Michael A. Robinson. CCA 20190231. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 22, 2021.

 

Mandate Issued

 

No. 20-0288/MC. U.S. v. Michael J. Brown. CCA 201900050.



Home Page |  Opinions & Digest  |  Daily Journal  |  Scheduled Hearings  |  Search Site