UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
March 30, 2022
Interlocutory Orders
No.
22-0091/AF. U.S. v. Javon C. Richard. CCA 39918. Appellee's motion for leave to
examine sealed materials is granted.
No.
22-0134/AF. U.S. v. Frank M. Vargas. CCA 38991. Appellant's motion for leave to
examine sealed materials is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
March 29, 2022
Petitions for Grant of Review Filed
No.
22-0153/AR. U.S. v. Edward D. Reed. CCA 20210063.
No.
22-0154/AF. U.S. v. Brandon M. Leach. CCA 39805.
Petitions for Grant of Review Denied
No.
22-0049/AR. U.S. v. Theodore C. Nalezynski. CCA
20200038.
No.
22-0059/AR. U.S. v. Quinten L. Smith. CCA 20210035.
No.
22-0085/AR. U.S. v. Justin D. Ruffin. CCA 20210114.
No.
22-0086/AR. U.S. v. Michael D. Thompson. CCA 20140974.
No.
22-0097/AF. U.S. v. Constance S. Vaughn. CCA S32649.
No.
22-0102/AF. U.S. v. Jamie Parra. CCA S32653.
No.
22-0107/AF. U.S. v. William H. Marable. CCA 39954.
No.
22-0116/AR. U.S. v. Lazaro S. Juarez. CCA 20200632.
Interlocutory Order
No.
22-0151/AF. U.S. v. Joshua W. Dodson. CCA 20051. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
April 18, 2022.
Hearings
No.
22-0052/AR. U.S. v. Samuel B. Badders. CCA 20200735.
No.
22-0066/AR. U.S. v. Ethen D. Black. CCA 20210310.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
March 28, 2022
Petitions for Grant of Review Filed
No.
22-0150/AR. U.S. v. Patrick H. Hatfield, Jr. CCA 20200410.
No.
22-0151/AF. U.S. v. Joshua W. Dodson. CCA 20051.
No.
22-0152/AR. U.S. v. Ian M. Mendez. CCA 20200726.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
March 25, 2022
Petitions for Grant of Review Filed
No.
22-0148/AR. U.S. v. Quincy T. Ottley. CCA 20210148.
No.
22-0149/AR. U.S. v. Henry G. RojasDavila. CCA
20210285.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
March 24, 2022
Petition for Grant of Review Denied
No.
22-0118/AF. U.S. v. Godric A. Ramirez. CCA 2021-05.
On consideration of the petition for grant of review of the decision of the
United States Air Force Court of Criminal Appeals on appeal by the Appellant
under Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862, it is ordered
that the petition is denied without prejudice to Appellant's right to raise the
matter asserted during the normal course of appellate review.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
March 23, 2022
Petition for Grant of Review Filed
No.
22-0147/AR. U.S. v. Lonnie J. Russell, Jr. CCA 20200719.
Petitions for Grant of Review Denied
No.
22-0096/AR. U.S. v. Christopher E. Alfaro. CCA 20210166.
No.
22-0108/AR. U.S. v. Zachary T. Hagene. CCA 20210101.
Interlocutory Order
No.
22-0140/AF. U.S. v. Jacob M. Huff. CCA 39845. On consideration of the motion
filed by Appellant to examine sealed materials, it is ordered that the motion
is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
March 22, 2022
Miscellaneous Docket - Summary
Disposition
No. 22-0125/NA. Joshua G. Anderson, Appellant v. United States, Appellee. CCA
201200499.
On consideration of the writ-appeal petition, it is ordered that the
writ-appeal petition is dismissed for lack of jurisdiction.
Order Granting Petition for Review
No. 22-0008/AF. U.S. v. Norbert A. King
II. CCA 39583.
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:
WAS
APPELLANT'S COURT-MARTIAL IMPROPERLY CONSTITUTED BECAUSE THE CONVENING
AUTHORITY EXCUSED A MEMBER AFTER THE COURT-MARTIAL WAS ASSEMBLED WITHOUT
ESTABLISHING GOOD CAUSE ON THE RECORD FOR EXCUSING HIM?
Briefs
will be filed under Rule 25.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
March 21, 2022
Petition for Grant of Review Filed
No.
22-0146/AR. U.S. v. Jamin D. Roscoe. CCA 20210250.
Interlocutory Orders
No.
22-0008/AF. U.S. v. Norbert A. King II. CCA 39583. On consideration of the
motion filed by the National Institute of Military Justice for leave to file an
amicus curiae brief in support of Appellant, it is ordered that the motion is denied.
No.
22-0090/AF. U.S. v. Andrew P. Witt. CCA 36785. Appellant's motion for leave to
file a supplement to the petition for grant of review that exceeds the size
limitations is granted.
No.
22-0145/AR. U.S. v. Christopher R. Batissa. CCA
20200509. Appellant's motion to extend time to file the supplement to the petition
for grant of review is granted to April 11, 2022.
Mandate Issued
No.
21-0183/NA. U.S. v. Frantz Beauge. CCA 201900197.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
March 18, 2022
Petitions for Grant of Review Filed
No.
22-0144/AR. U.S. v. Robert J. Guzman. CCA 20200296.
No.
22-0145/AR. U.S. v. Christopher R. Batissa. CCA
20200509.
Petitions for Grant of Review Denied
No.
22-0079/AR. U.S. v. Brandon M. Campbell. CCA 20200710.
No.
22-0087/NA. U.S. v. Darron S. Rovito.
CCA 202100098.
No.
22-0104/NA. U.S. v. Victor M. Green. CCA 202100032.
No.
22-0114/AR. U.S. v. Tony D. Collins. CCA 20210318.
Miscellaneous Docket - Summary
Disposition
No.
22-0124/AR. Joshua R. Sickels v. U.S. CCA 20220025.
On consideration of the writ-appeal petition, it is ordered that the
writ-appeal petition is dismissed for lack of jurisdiction.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
March 17, 2022
Petition for Grant of Review Filed
No.
22-0143/AR. U.S. v. Hector L. Lopez, Jr. CCA 20200642.
Petition for Grant of Review - Summary
Disposition
No. 22-0119/AR. U.S. v. Patrick A.
Kenneh. CCA 20210383.
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 LOWER COURT APPROVED AN UNLAWFUL SENTENCE TO FORFEITURES OF $1,320 PAY PER
MONTH FOR FIVE MONTHS, WHICH EXCEEDED THE MAXIMUM FORFEITURES ALLOWED FOR
APPELLANT'S REDUCED PAY GRADE OF $1,190 PAY PER MONTH.
The
decision of the United States Army Court of Criminal Appeals is affirmed as to
findings and to only so much of the sentence as provides for forfeiture of
$1,190 pay per month for five months, reduction to pay grade E-1, confinement
for five months, and a bad-conduct discharge. See Article 19(a), Uniform Code
of Military Justice, 10 U.S.C. § 819(a) (2018) and Rule for Courts-Martial
1003(b)(2).
Miscellaneous Docket - Summary
Disposition
No. 22-0120/NA. Decker B. Jordan v. U.S.
CCA 201100621.
On consideration of the writ-appeal petition and the motion to file the
writ-appeal petition out of time, it is ordered that the writ-appeal petition
is dismissed for lack of jurisdiction, and the motion to file the writ-appeal
petition is denied as moot.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
March 16, 2022
Petition for Grant of Review Filed
No.
22-0142/AR. U.S. v. Ruben A. Pagan. CCA 20210196.
Interlocutory Order
No.
22-0141/AF. U.S. v. Patrick A. Caffrey. CCA 39879. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
April 5, 2022.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
March 15, 2022
Petitions for Grant of Review Filed
No.
22-0140/AF. U.S. v. Jacob M. Huff. CCA 39845.
No.
22-0141/AF. U.S. v. Patrick A. Caffrey. CCA 39879.
Petitions for Grant of Review Denied
No.
22-0021/AF. U.S. v. David A. Tellor, Jr. CCA 39770.
No.
22-0042/AR. U.S. v. Ebony R. Washington. CCA 20210024.
No.
22-0075/AR. U.S. v. Jacob C. Abernathy. CCA 20210025.
No.
22-0088/AR. U.S. v. Brandon H. Ramirez. CCA 20210127.
No.
22-0093/AR. U.S. v. Dakota R. Kohlhof. CCA 20200297.
No.
22-0094/AR. U.S. v. Miguel A. Ibarra. CCA 20210078.
No.
22-0103/AR. U.S. v. Dylan P. Williams. CCA 20200293.
Interlocutory Orders
No.
21-0193/AR. U.S. v. Nidal M. Hasan. CCA 20130781. On
consideration of Appellant's motions to exceed the page limitations, to extend
time to file a joint appendix, and to modify the order of issues presented in
Appellant's brief, it is ordered that the motion to exceed page limitations is
granted up to 250 pages, the motion to extend time to file a joint appendix is
granted to April 20, 2022, and the motion to modify the order of issues
presented in Appellant's brief is granted.
No.
22-0140/AF. U.S. v. Jacob M. Huff. CCA 39845. Appellant's motion to extend time
to file the supplement to the petition for grant of review is granted to April
4, 2022.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
March 14, 2022
Petitions for Grant of Review Filed
No.
22-0137/AR. U.S. v. Matthew E. Davis. CCA 20200659.
No.
22-0138/AR. U.S. v. Dejon A. Yearling. CCA 20200385.
No.
22-0139/AR. U.S. v. Randall S. Hughes. CCA 20210152.
Petitions for Grant of Review Denied
No.
22-0077/AR. U.S. v. Montanna J. Cox. CCA 20210095.
No.
22-0078/AR. U.S. v. Clayton L. Mobley. CCA 20210048.
Orders Granting Petition for Review
No. 22-0098/AF. U.S. v. Chase M.
Thompson. CCA 40019.
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:
DID
THE COURT OF CRIMINAL APPEALS ERR BY REQUIRING THAT APPELLANT INTRODUCE DIRECT
EVIDENCE OF HIS SUBJECTIVE BELIEF TO MEET HIS BURDEN FOR A REASONABLE MISTAKE
OF FACT DEFENSE?
Briefs
will be filed under Rule 25.
No. 22-0100/AF. U.S. v. Sean W.
Harrington. CCA 39825.
On consideration of the petition for grant of review of the decision of the
United States Air Force Court of Criminal Appeals, it ordered that said
petition is granted on the following issues:
I. WHETHER
THE EVIDENCE IS LEGALLY SUFFICIENT TO SUPPORT APPELLANT'S CONVICTION FOR
COMMUNICATING A THREAT.
II. DID
THE MILITARY JUDGE ABUSE HIS DISCRETION BY REFUSING TO INSTRUCT THE MEMBERS OF
THE MAXIMUM CONFINEMENT FOR EACH OFFENSE, WHICH ULTIMATELY RESULTED IN AN EXCESSIVE
14-YEAR SENTENCE?
III.
WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION
IN ALLOWING THE VICTIM'S PARENTS TO TAKE THE WITNESS STAND AND DELIVER UNSWORN
STATEMENTS IN QUESTION-AND-ANSWER FORMAT WITH TRIAL COUNSEL.
Briefs
will be filed under Rule 25.
Interlocutory Order
No.
22-0134/AF. U.S. v. Frank M. Vargas. CCA 38991. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted
to April 4, 2022.
Mandates Issued
No.
21-0069/AF. U.S. v. Jerard Simmons. CCA 39342.
No.
21-0158/AR. U.S. v. Floyd C. Guyton, Jr. CCA 20180103.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
March 11, 2022
Petitions for Grant of Review Filed
No.
22-0132/AR. U.S. v. Kendrick D. Robinson. CCA 20210164.
No.
22-0133/AR. U.S. v. William J. Boling. CCA 20210112.
No.
22-0134/AF. U.S. v. Frank M. Vargas. CCA 38991.
No.
22-0135/AR. U.S. v. Cody D. Pannell. CCA 20210121.
No.
22-0136/AR. U.S. v. Travis L. Poole. CCA 20210257.
Mandate Issued
No.
21-0004/MC. U.S. v. Julian D. Schmidt. CCA 201900043.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
March 9, 2022
Petition for Grant of Review - Summary
Disposition
No. 22-0037/AR. U.S. v. Matthew D.
Lemire. CCA 20190129.
On consideration of Appellant's 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, and the decision of the United States Army Court of
Criminal Appeals is affirmed.*
* It is directed that the promulgating order be
corrected to delete the requirement that Appellant register as a sex offender.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
March 8, 2022
Petitions for Grant of Review Filed
No.
22-0130/AR. U.S. v. Jeremiah S. Garcia. CCA 20190583.
No.
22-0131/NA. U.S. v. Timothy Bork. CCA 202000191.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
March 7, 2022
Petition for Grant of Review Filed
No.
22-0129/AR. U.S. v. Nicholas R. St. Jean. CCA 20190663.
Petition for Grant of Review Denied
No.
22-0024/MC. U.S. v. Adam K. Davis. CCA 202000073.
Mandate Issued
No.
21-0179/AR. U.S. v. Xavier L. Anderson. CCA 20180447.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
March 4, 2022
Petition for Grant of Review Filed
No.
22-0128/AR. U.S. v. Anthony R. Kirk II. CCA 20200449.
Interlocutory Orders
No.
22-0126/AF. U.S. v. Timothy P. Shaw II. CCA 39960. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
March 24, 2022.
No.
22-0127/MC. U.S. v. Justin T. Barmeyer. CCA 202000169. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
March 24, 2022.
Petition for Reconsideration Denied
No.
21-0004/MC. U.S. v. Julian D. Schmidt. CCA 201900043. Appellant's petition for
reconsideration of the Court's decision, United
States v. Schmidt, ___ M.J. ___ (C.A.A.F. 2022), is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
March 3, 2022
Petitions for Grant of Review Filed
No.
22-0126/AF. U.S. v. Timothy P. Shaw II. CCA 39960.
No.
22-0127/MC. U.S. v. Justin T. Barmeyer. CCA 202000169.
Petitions for Grant of Review Denied
No.
22-0001/NA. U.S. v. Marvin J. Masa. CCA 201800314.
No.
22-0082/AF. U.S. v. Christopher P. Finco. CCA S32603.
No.
22-0084/AF. U.S. v. Milford C. Scott. CCA 39352.
Miscellaneous Docket - Filings
No.
22-0124/AR. Joshua R. Sickels, Appellant v. Warden, ex officio U.S.
Penitentiary Tucson, 93 S. Wilmont Rd., Tucson, AZ 85756 (Physical Custodian) and
Commandant, U.S. Disciplinary Barracks, ex officio, Fort Leavenworth, 1301
Warehouse Rd., Fort Leavenworth, KS 66027 (Legal Custodian), and United States,
Appellees. CCA 20220025. Notice is given that a writ-appeal petition for review
of the decision of the United States Army Court of Criminal Appeals on
application for extraordinary relief in the nature of a writ of habeas corpus
was filed under Rule 27(b) on this date.
No.
22-0125/NA. Joshua G. Anderson, Appellant v. United States, Appellee. CCA
201200499. Notice is given that a writ-appeal petition for review of the
decision of the United States Navy-Marine Corps Court of Criminal Appeals on
application for extraordinary relief was filed under Rule 27(b) on this date.
Interlocutory Orders
No.
22-0087/NA. U.S. v. Darron S. Rovito. CCA 202100098. Appellant's motion to file
the supplement to the petition for grant of review out of time is denied.
No.
22-0123/AF. U.S. v. Travis D. Pullings. CCA 39948. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
March 23, 2022.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
March 2, 2022
Petition for Grant of Review Filed
No.
22-0123/AF. U.S. v. Travis D. Pullings. CCA 39948.
Interlocutory Order
No.
22-0122/AF. U.S. v. Katelyn L. Day. CCA 39962. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
March 22, 2022.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
March 1, 2022
Petitions for Grant of Review Filed
No.
22-0121/AR. U.S. v. Shane C. Portner. CCA 20210130.
No.
22-0122/AF. U.S. v. Katelyn L. Day. CCA 39962.
Hearings
No.
21-0360/AF. U.S. v. Brandon M. Horne. CCA 39717.
No.
21-0341/AF. U.S. v. Daniel A. Bench. CCA 39797.
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