UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 28, 2025

 

Petition for Grant of Review Filed

 

No. 25-0150/AR. U.S. v. Terrance Brown. CCA 20220507.

 

Petition for Grant of Review Denied

 

No. 25-0123/AR. U.S. v. Kervin Lopez-Rojas. CCA 20240190.

 

Miscellaneous Docket - Summary Dispositions

 

No. 25-0121/AF. D.D., Appellant v. United States, Appellee and Amn Trevon J. Williams, Real Party in Interest. CCA 2025-02. On consideration of the writ appeal petition, Appellant's motions to supplement the record, to attach document, and to stay proceedings and the Real Party in Interest's motion to dismiss the writ-appeal petition, it is ordered that Appellant's motions to supplement the record, to attach document, and to stay proceedings are hereby denied; that the Real Party in Interest's motion to dismiss the writ-appeal petition is granted; and that the writ-appeal petition is dismissed.

 

No. 25-0133/AF. U.S. v. Jose A. Cossio, Jr. CCA 2021-04. On consideration of the petition for extraordinary relief in the nature of a writ of error coram nobis or, in the alternative writ of mandamus, it is ordered that the petition is hereby denied.

 

Interlocutory Orders

 

No. 25-0112/AF. U.S. v. William C.S. Hennessy. CCA 40439. Appellee/Cross-Appellant's motion to extend time to file a brief is granted to May 22, 2025.

 

No. 25-0118/AR. U.S. v. Tatem T. Resutek. CCA 20220431. Appellant's third motion to extend the time to file the supplement to the petition for grant of review is granted, but only up to and including May 2, 2025. No further extension of time will be granted in this case.

 

No. 25-0137/AF. U.S. v. Isaac J. Serjak. CCA 40392. On consideration of the petition for extraordinary relief in the nature of a writ of habeas corpus, and pursuant to United States v. Miller, 47 M.J. 352, 360-62 (C.A.A.F. 1997), it is ordered that the United States will show cause by April 30, 2025, why Petitioner should not be released from confinement or provided a hearing under RCM 305.

 

No. 25-0149/MC. U.S. v. James E. Bass. CCA 202300185. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 19, 2025.

 

Petition for Reconsideration Filed

 

No. 24-0134/CG. U.S. v. Andrew J. Shafran. CCA 1480.



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, April 25, 2025

 

Petition for Grant of Review Filed

 

No. 25-0149/MC. U.S. v. James E. Bass. CCA 202300185.

 



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, April 24, 2025

 

Petition for Grant of Review Filed

 

No. 25-0148/AF. U.S. v. John P. Matti. CCA 22072.



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, April 23, 2025

 

Order Granting Petition for Review

 

No. 25-0102/MC. U.S. v. Jonatan O. RosarioMartinez. CCA 202300154. 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 petition is granted on the following issue:

 

DID THE MILITARY JUDGE ERR IN FINDING THE AFFIDAVIT OF THE SENIOR MEMBER TO BE INCOMPETENT EVIDENCE UNDER MRE 606(b)(2)(C) AND IN DENYING APPELLANT'S MOTION FOR APPROPRIATE RELIEF TO CORRECT AN ERROR IN THE FINDINGS WORKSHEET?

 

Appellant will file a brief on or before May 14, 2025, Appellee will file an answer brief no later than 21 days after the filing of Appellant's brief, and Appellant may file a reply brief no later than 7 days after the filing of Appellee's answer brief.

 

Interlocutory Order

 

No. 25-0146/AR. U.S. v. Tanner L. Shields. CCA 20230604. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 14, 2025.

 

Petition for Reconsideration Denied

 

No. 25-0092/MC. U.S. v. Annastazjha P. Spence. CCA 202300214. On consideration of Appellant's petition for reconsideration of this Court's order issued March 28, 2025, and Appellee's motion to file an answer to the petition for reconsideration out of time, it is ordered that the motion is granted, and the petition for reconsideration is denied.



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, April 22, 2025

 

Petitions for Grant of Review Filed

 

No. 25-0145/AR. U.S. v. Ronald L. Nguyen. CCA 20230319.

No. 25-0146/AR. U.S. v. Tanner L. Shields. CCA 20230604.

No. 25-0147/AR. U.S. v. Victor Pineda. CCA 20240004.

 

Petition for Grant of Review Denied

 

No. 25-0117/AF. U.S. v. Kristopher D. Cole. CCA 40189.

 

Interlocutory Orders

 

No. 25-0025/AR. U.S. v. Brandon Z. Miller. CCA 20230026. Appellee's motion to view sealed material is granted.

 

No. 25-0070/AR. U.S. v. Daytron Abdullah. CCA 20230223. Appellee's motion to attach is granted.

 

No. 25-0081/AR. U.S. v. Jerome J. Forrest. CCA 20200715. On consideration of Appellee's motion to suspend rules, motion to attach, and motion to extend time to comply with this Court's order issued March 24, 2025, it is ordered that the motion to suspend rules is granted, that the motion to attach is granted, and the motion to extend time to comply with the Court's order is granted to April 28, 2025.

 

No. 25-0124/AR. U.S. v. Thomas R. Yepez. CCA 20210236. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to April 28, 2025.

 

No. 25-0141/AR. United States, Appellant v. Xzavior D. Jones, Appellee. CCA 20230382. Notice is given that a certificate for review of the decision of the United States Army Court of Criminal Appeals was filed under Rule 22 accompanied by a motion for suspended briefing on this date on the following issues:

 

I. WHETHER THE ARMY COURT ERRED IN FINDING APPELLANT DID NOT AFFIRMATIVELY WAIVE MULTIPLICITY WHERE COUNSEL STATED NO MOTIONS IN RESPONSE TO THE MILITARY JUDGE AFTER ENTERING UNCONDITIONAL GUILTY PLEAS.

 

II. WHETHER THE ARMY COURT ERRED IN FINDING APPELLANT'S CONVICTIONS UNDER ARTICLES 128(a) and 128(b), UCMJ, FACIALLY DUPLICATIVE.

 

The accompanying motion for suspended briefing is granted.

 

No. 25-0142/AR. United States, Appellant v. Jesus D. Calvillomagana, Appellee. CCA 20230161. Notice is given that a certificate for review of the decision of the United States Army Court of Criminal Appeals was filed under Rule 22 accompanied by a motion for suspended briefing on this date on the following issues:

 

I. WHETHER THE ARMY COURT ERRED IN FINDING APPELLANT DID NOT AFFIRMATIVELY WAIVE MULTIPLICITY WHERE DEFENSE COUNSEL ONLY PRESERVED AN ARTICLE 13 MOTION PRIOR TO ENTERING AN UNCONDITIONAL GUILTY PLEA AND AFTER THE MILITARY JUDGE ADVISED HIM THAT ANY OTHER MOTIONS TO DISMISS OR GRANT OTHER APPROPRIATE RELIEF SHOULD BE MADE.

 

II. WHETHER THE ARMY COURT ERRED IN FINDING APPELLANT'S CONVICTIONS UNDER ARTICLE 128(a), UCMJ, MULTIPLICIOUS.

 

The accompanying motion for suspended briefing is granted.

 

No. 25-0143/AR. United States, Appellant v. Patrick A. Ford, Appellee. CCA 20230263. Notice is given that a certificate for review of the decision of the United States Army Court of Criminal Appeals was filed under Rule 22 accompanied by a motion for suspended briefing on this date on the following issues:

 

I. WHETHER THE ARMY COURT ERRED IN FINDING APPELLANT DID NOT AFFIRMATIVELY WAIVE MULTIPLICITY WHERE COUNSEL STATED DEFENSE HAD NO MOTIONS BEFORE ENTERING UNCONDITIONAL GUILTY PLEAS.

 

II. WHETHER THE ARMY COURT ERRED IN FINDING APPELLANT'S CONVICTIONS UNDER ARTICLE 128b(1), UCMJ, MULTIPLICIOUS WHEN THE UNDERLYING "VIOLENT OFFENSES" WERE ASSAULTS CONSUMMATED BY BATTERY.

 

The accompanying motion for suspended briefing is granted.

 

No. 25-0144/AF. U.S. v. Juston D. Beyer. CCA 40566. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 13, 2025.

 

Petitions for Reconsideration Filed

 

No. 24-0179/AR. U.S. v. David J. Rudometkin. CCA 20180058.

No. 25-0093/AR. In re David J. Rudometkin. CCA 20180058.

No. 25-0104/AR. In re David J. Rudometkin. CCA 20180058.



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 21, 2025

 

Petition for Grant of Review Filed

 

No. 25-0144/AF. U.S. v. Juston D. Beyer. CCA 40566.

 

Certificates for Review Filed

 

No. 25-0140/AR. United States, Appellant v. Michael S. Malone, Jr., Appellee. CCA 20230151. Notice is given that a certificate for review of the decision of the United States Army Court of Criminal Appeals was filed under Rule 22 on this date on the following issues:

 

I. WHETHER THE ARMY COURT ERRED IN FINDING APPELLANT DID NOT AFFIRMATIVELY WAIVE MULTIPLICITY WHERE COUNSEL STATED DEFENSE HAD NO MOTIONS BEFORE ENTERING UNCONDITIONAL GUILTY PLEAS AND DECLINED ADDITIONAL INQUIRY INTO MATTERS RELEVANT TO THE UNIT OF PROSECUTION.

 

II. WHETHER THE ARMY COURT ERRED IN FINDING APPELLANT'S CONVICTIONS UNDER ARTICLE 128b(1), UCMJ, FACIALLY DUPLICATIVE WHEN THE UNDERLYING "VIOLENT OFFENSES" WERE ASSAULT CONSUMMATED BY BATTERY AND AGGRAVATED ASSAULT.

 

Appellant will file a brief under Rule 22(b) in support of said certificate on or before the 21st day of May, 2025.

 

No. 25-0141/AR. United States, Appellant v. Xzavior D. Jones, Appellee. CCA 20230382. Notice is given that a certificate for review of the decision of the United States Army Court of Criminal Appeals was filed under Rule 22 accompanied by a motion for suspended briefing on this date on the following issues:

 

I. WHETHER THE ARMY COURT ERRED IN FINDING APPELLANT DID NOT AFFIRMATIVELY WAIVE MULTIPLICITY WHERE COUNSEL STATED NO MOTIONS IN RESPONSE TO THE MILITARY JUDGE AFTER ENTERING UNCONDITIONAL GUILTY PLEAS.

 

II. WHETHER THE ARMY COURT ERRED IN FINDING APPELLANT'S CONVICTIONS UNDER ARTICLES 128(a) and 128(b), UCMJ, FACIALLY DUPLICATIVE.

 

The accompanying motion for suspended briefing is granted.

 

No. 25-0142/AR. United States, Appellant v. Jesus D. Calvillomagana. Appellee. CCA 20230161. Notice is given that a certificate for review of the decision of the United States Army Court of Criminal Appeals was filed under Rule 22 accompanied by a motion for suspended briefing on this date on the following issues:

 

I. WHETHER THE ARMY COURT ERRED IN FINDING APPELLANT DID NOT AFFIRMATIVELY WAIVE MULTIPLICITY WHERE DEFENSE COUNSEL ONLY PRESERVED AN ARTICLE 13 MOTION PRIOR TO ENTERING AN UNCONDITIONAL GUILTY PLEA AND AFTER THE MILITARY JUDGE ADVISED HIM THAT ANY OTHER MOTIONS TO DISMISS OR GRANT OTHER APPROPRIATE RELIEF SHOULD BE MADE.

 

II. WHETHER THE ARMY COURT ERRED IN FINDING APPELLANT'S CONVICTIONS UNDER ARTICLE 128(a), UCMJ, MULTIPLICIOUS.

 

The accompanying motion for suspended briefing is granted.

 

No. 25-0143/AR. United States, Appellant v. Patrick A. Ford, Appellee. CCA 20230263. Notice is given that a certificate for review of the decision of the United States Army Court of Criminal Appeals was filed under Rule 22 accompanied by a motion for suspended briefing on this date on the following issues:

 

I. WHETHER THE ARMY COURT ERRED IN FINDING APPELLANT DID NOT AFFIRMATIVELY WAIVE MULTIPLICITY WHERE COUNSEL STATED DEFENSE HAD NO MOTIONS BEFORE ENTERING UNCONDITIONAL GUILTY PLEAS.

 

II. WHETHER THE ARMY COURT ERRED IN FINDING APPELLANT'S CONVICTIONS UNDER ARTICLE 128b(1), UCMJ, MULTIPLICIOUS WHEN THE UNDERLYING "VIOLENT OFFENSES" WERE ASSAULTS CONSUMMATED BY BATTERY.

 

The accompanying motion for suspended briefing is granted.

 

Petition for Reconsideration Filed

 

No. 25-0085/AR. U.S. v. Travis M. Alfred. CCA 20220126.

 

Mandate

 

No. 24-0208/AF. U.S. v. Michael A. Valentin-Adino. CCA 40185.



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, April 18, 2025

 

Petitions for Reconsideration Filed

 

No. 24-0179/AR. U.S. v. David J. Rudometkin. CCA 20180058.

No. 25-0093/AR. In re David J. Rudometkin, Petitioner. CCA 20180058.

No. 25-0103/AR. In re David J. Rudometkin, Petitioner. CCA 20180058.



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, April 17, 2025

 

Petitions for Grant of Review Filed

 

No. 25-0138/AR. U.S. v. Michelena D. Cole. CCA 20230566.

No. 25-0139/AR. U.S. v. Hunter G. Sutler. CCA 20230446.

 

Miscellaneous Docket - Summary Disposition

 

No. 25-0122/AF. In re Brian W. Alton. CCA 40215. On consideration of the petition for extraordinary relief in the nature of a writ of habeas corpus, it is ordered that the petition is hereby dismissed for lack of jurisdiction.

 

Rules Changes

 

Upon careful consideration of certain proposed changes to the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, which were presented to and reviewed by the Rules Advisory Committee of the United States Court of Appeals for the Armed Forces, and thereafter published in the Federal Register for comment, it is ordered that effective April 17, 2025, Rules 19, 21(b), 21A(c), 24, 26(f), 36(b), and 37 are promulgated as provided in the below (deletions appear with strikethrough and changes appear in bold typeface).

 

Rule 19 – Time Limits

 

(a) Petition for Grant of Review / Supplement / Answer / Reply:

             ***

(5) Filing of Petitions.

             ***

      (C) Grostefon Issues. Issues raised pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), if not raised earlier, may be presented to the Court by motion filed pursuant to Rule 30(a) no later than twenty-eight days following the filing of the supplement to the petition.

             ***

 

(b) Certificate for Review / Brief / Answer / Reply:

             ***

(3) Other Cases. In all other cases involving a decision by a Court of Criminal Appeals, a certificate for review filed by the Judge Advocate General must be filed either: (a) no later than sixty days after the date of the Court of Criminal Appeals' decision (see Rules 22, 34(a)); or (b) no later than thirty days after a petition for grant of review is granted. In cases that involve both granted and certified issues, the Clerk may establish a consolidated briefing schedule for all issues. In cases that involve only certified issue(s), an appellant's brief must be filed in accordance with Rule 24 no later than twenty-eight days after the Clerk issues a notice that the certificate for review was docketed. An appellee's answer must be filed no later than twenty-eight days after an appellant's brief is filed. The appellant may file a reply no later than fourteen days after the appellee's answer is filed.

             ***

 

(f) Petition for New Trial. When a petition for new trial is filed with the Court in a case pending before the Court, a brief in support thereof, unless expressly incorporated in the petition, must be filed no later than twenty-eight days after the Clerk issues a notice that the petition was filed. The appellee may file an answer no later than twenty-eight days after the appellant's brief is filed. The appellant may file a reply no later than fourteen days after the appellee's answer is filed. See Rule 29.

 

Rule 21(b) – Supplement to Petition for Grant of Review

 

***

(b) The supplement to the petition must be filed in accordance with the applicable time limit set forth in Rule 19(a)(5), must include an Appendix containing an official copy of the decision of the Court of Criminal Appeals, and must conform to the provisions of Rules 35A and 37. Unless authorized by Order of the Court or by motion of a party granted by the Court, the supplement and any answer thereto may not exceed 9,000 words. Any reply to the answer may not exceed 4,500 words. The supplement must contain:

             ***

(5) A direct and concise argument showing why there is good cause to grant the petition, demonstrating with particularity why the errors assigned are materially prejudicial to the substantial rights of the appellant. Where applicable, the supplement to the petition must indicate whether the court below has:

                       ***

(D) decided the validity of a provision of the Constitution, the UCMJ or other act of Congress, the Manual for Courts-Martial, United States, a service regulation, a rule of court or a custom of the service the validity of which was directly drawn into question in that court;

             ***

(6) A supplement submitted under this Rule must include a certificate stating that the number of words in the supplement complies with the applicable type-volume limitations of this Rule and Rule 37. The person preparing the certificate may rely on the word count of the word-processing system used to prepare the supplement. The certificate must state the number of words in the supplement. Headings, footnotes, and quotations count toward the word limitation. The index, table of cases, statutes, and other relevant authorities, the appendix and any certificates of counsel do not count toward the limitation.

 

Rule 21A(c) – Submissions under United States v. Grostefon

 

***

(c) Grostefon issues raised within twenty-eight days of the filing of the supplement under Rule 19(a)(5)(C) are subject to and included within the fifteen-page limit in Rule 21A(a). An appellee's answer to Grostefon issues may be filed no later than twenty-one days after the filing of such issues.

 

Rule 24 – Form, Content, and Type-Volume Limitations

 

(a) Form and Content. All briefs will conform to the printing, copying, and style requirements of Rule 37, be legible, and be substantially as follows:

***

Relevant Authorities

            

[The constitutional provisions, treaties, statutes, rules, ordinances, and regulations involved in the case, set out verbatim with appropriate citation. If the provisions involved are lengthy, Alternatively, if a citation of the provision alone suffices at this point, the provision's pertinent text may be subsequently set out in an appendix to the brief. All citations must adhere to the specifications set forth in Rule 36B.]

 

***

(c) Certificate of Compliance. A brief submitted under Rule 24(b) must include a certificate stating that the number of words in the brief complies with the applicable type-volume limitations of this Rule and Rule 37. The person preparing the certificate may rely on the word count of the word-processing system used to prepare the brief. The certificate must state the number of words in the brief.

 

Rule 26(f) – Amicus Curiae Briefs

 

***

(f) Except for good cause shown, a brief of an amicus curiae may be no more than one-half the maximum length authorized by Rule 24 for a brief of an appellant/petitioner. If the Court grants a party permission to file a longer brief, that does not affect the maximum length of an amicus curiae brief. A brief submitted under this Rule must include a certificate stating that the number of words in the brief complies with the applicable type-volume limitations of this Rule and Rule 37.

 

Rule 36(b) – Filing of Pleadings

 

***

(b) Electronic Filing

 

(1) If the petition for grant of review and the supplement to the petition for grant of review are filed electronically, an appendix to the supplement (containing the decision of the Court of Criminal Appeals, matters submitted pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), and other required matter) must also be filed electronically. Record matters in the form of video media on CD-ROM or DVD may be submitted in a separate volume of the appendix that is filed in accordance with Rule 21(b).

 

(2) The joint appendix to the brief, to include copies, must be filed both in paper form and must also be filed electronically. See Rule 24. Record matters in the form of video and audio media on CD-ROM or DVD shall be submitted in a separate volume of the appendix that is filed in accordance with Rule 21(b). Audio and video recordings are exempt from this paper requirement for the joint appendix to the brief. If the appellant or petitioner files the brief electronically, the joint appendix must be filed on the same day the brief is filed.

 

Rule 37 – Printing, Copying, and Style Requirements

 

  ***

(c) Style.

 

(1) All pleadings that consist of ten or more pages must be preceded by a subject index of the matter contained therein, with page references, and a table of cases (alphabetically arranged with citations), statutes, and other authorities cited, referencing the pages cited.

 

(2) Citations must conform with The Bluebook: A Uniform System of Citation.

 

(3) All references to the record of trial must include page numbers or exhibit designations, as appropriate.

 

(4) No pleading or other paper filed with the Court may incorporate by reference any material from any other source.

 

(d) Word Count. The person preparing the certificate may rely on the word count of the word-processing system used to prepare the pleading. The certificate must state the number of words in the pleading.



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, April 16, 2025

 

Petition for Grant of Review Filed

 

No. 25-0136/AR. U.S. v. Troshun D. Jackson. CCA 20230610.

 

Petition for Grant of Review - Summary Disposition

 

No. 25-0085/AR. U.S. v. Travis M. Alfred. CCA 20220126. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals (ACCA), the Court notes and decides the following:

 

1. Appendix 2 of the Manual for Courts-Martial, United States (2019 edition), does not accurately reprint the official text of Article 69(c)(2), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 869(c)(2) (2018).

 

2. Part II of the Manual for Courts-Martial, United States (2024 edition), does not accurately reprint the text of Rule for Courts- Martial 1201(h) as amended in the 2023 Amendments to the Manual for Courts-Martial, United States, Exec. Order No. 14103, Annex 1 § 1(xx), 88 Fed. Reg. 50569 (Aug. 2, 2023).

 

3. This Court lacks jurisdiction under Article 67(a)(3), UCMJ, because this is not a "case reviewed by a Court of Criminal Appeals." The case was not reviewed by the ACCA because the ACCA denied review.

 

4. This Court decides that the ACCA's denial of review was proper, although not necessarily for the reason stated by the ACCA. Appellant contends that the Judge Advocate General forwarded this case

to the ACCA pursuant to Article 69(c)(2), UCMJ. The official text of Article 69(c)(2), UCMJ, however, does not authorize the Judge Advocate General to review a failure to file an appeal.

 

Accordingly, it is ordered that petition is dismissed for lack of jurisdiction.

 

Miscellaneous Docket - Filing

 

No. 25-0137/AF. In re Isaac J. Serjak, Petitioner. CCA 40392. Notice is 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.



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, April 15, 2025

 

Miscellaneous Docket - Summary Disposition

 

No. 25-0125/AR. Travis C. Bates, Appellant v. Christopher S. Sexton, LTC, U.S. Army, Staff Judge Advocate, 7th INF. DIV. JB Lewis-McChord and United States, Appellees. CCA 20250106. On consideration of the writ-appeal petition for review of the decision of the United States Army Court of Criminal Appeals on application for extraordinary relief, it is ordered that the writ-appeal petition is denied.

 

Interlocutory Order

 

No. 25-0135/AF. U.S. v. James P. Baumgartner. CCA 40413. Appellant's motion to extend time to file the supplement to the petition for grant of review is hereby granted to May 6, 2025.



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 14, 2025

 

Petitions for Grant of Review Filed

 

No. 25-0134/AR. U.S. v. Christopher M. Taylor. CCA 20240253.

No. 25-0135/AF. U.S. v. James P. Baumgartner. CCA 40413.

 

Petitions for Grant of Review Denied

 

No. 25-0048/CG. U.S. v. Ronald Nenni. CCA 1494.

No. 25-0099/MC. U.S. v. Gerard Cortez. CCA 202300166.

No. 25-0116/AR. U.S. v. Robert Ratajczak. CCA 20230197.

 

Interlocutory Order

 

No. 25-0132/AR. U.S. v. Andres F. Cuesta. CCA 20230024. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 5, 2025.

 

Mandate Issued

 

No. 24-0172/AR. U.S. v. Rodrigo L. Urieta. CCA 20220432.



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, April 11, 2025

 

Petition for Grant of Review Filed

 

No. 25-0132/AR. U.S. v. Andres F. Cuesta. CCA 20230024.

 

Petitions for Grant of Review Denied

 

No. 25-0082/AR. U.S. v. Quintan G. Brassfield. CCA 20230516.

No. 25-0097/AR. U.S. v. Samuel E. Fye. CCA 20220022.

No. 25-0100/AF. U.S. v. Randy B. Giles, Jr. CCA 40482.

 

Miscellaneous Docket - Filing

 

No. 25-0133/AF. In re Jose A. Cossio, Jr., Petitioner. CCA 2021-04. Notice is given that a petition for extraordinary relief in the nature of a writ of error coram nobis or, in the alternative writ of mandamus, was filed under Rule 27(a) on this date.

 

Order Granting Petition for Review

 

No. 25-0106/AF. U.S. v. Jacques D. Benoit, Jr. CCA 40508. 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:

 

AS APPLIED TO APPELLANT, WHETHER 18 U.S.C. § 922 IS CONSTITUTIONAL IN LIGHT OF RECENT PRECEDENT FROM THE SUPREME COURT OF THE UNITED STATES.

 

No briefs will be filed under C.A.A.F.R. 25.

 

Interlocutory Orders

 

No. 25-0044/AF. U.S. v. Jamal X. Washington. CCA 39761. Appellant's motion to extend the time to file a brief is granted to May 7, 2025.

 

No. 25-0103/AR. In re David J. Rudometkin. CCA 20180058. On consideration of the motions for an enlargement of time to submit petitions for reconsideration and petitions for fact finding pursuant to Rule 30A concerning jurisdiction, it is ordered that the motions for an enlargement of time to submit petitions for reconsideration are denied, and the petitions for fact finding pursuant to Rule 30A concerning jurisdiction are denied.

 

No. 25-0118/AR. U.S. v. Tatem T. Resutek. CCA 20220431. Appellant's second motion to extend the time to file the supplement to the petition for grant of review is granted to April 24, 2025.



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, April 9, 2025

 

Hearing

 

No. 25-0073/AF. U.S. v. Joshua A. Patterson. CCA 40426.



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, April 8, 2025

 

Petition for Grant of Review Denied

 

No. 25-0094/AR. U.S. v. Nathaniel J. Rudino. CCA 20230301.

 

Hearings

 

No. 25-0004/MC. U.S. v. Joseph D. Suarez. CCA 202300049.

No. 25-0024/AR. U.S. v. Nathan G. Leese. CCA 20230250.



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 7, 2025

 

Petition for Grant of Review Filed

 

No. 25-0131/NA. U.S. v. Dominic R. Vermurlen. CCA 202400380.

 

Petition for Grant of Review Denied

 

No. 25-0096/AF. U.S. v. Matthew B. Ericson. CCA 23045.

 

Interlocutory Order

 

No. 25-0130/AF. U.S. v. Justin Couty. CCA 40484. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 28, 2025.



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, April 4, 2025

 

Petition for Grant of Review Filed

 

No. 25-0130/AF. U.S. v. Justin Couty. CCA 40484.

 

Interlocutory Orders

 

No. 25-0025/AR. U.S. v. Brandon Z. Miller. CCA 20230026. Appellant's motion to file a corrected brief is granted.

 

No. 25-0129/AR. U.S. v. Joseph S. Burkett, Jr. CCA 20230339. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 25, 2025.



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, April 3, 2025

 

Petition for Grant of Review Filed

 

No. 25-0129/AR. U.S. v. Joseph S. Burkett, Jr. CCA 20230339.

 

Interlocutory Order

 

No. 25-0083/AF. U.S. v. Maxwell A. Matthew. CCA 39796. On consideration of Appellant's petition for reconsideration of the Court's order issued March 4, 2025, it is ordered that the petition for reconsideration is hereby denied.



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, April 2, 2025

 

Interlocutory Order

 

No. 24-0225/AF. U.S. v. Austin J. Van Velson. CCA 40401. Appellant's motion for leave to file out of time a petition for reconsideration of this Court's order issued November 21, 2024, is denied.



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, April 1, 2025

 

Petition for Grant of Review Filed

 

No. 25-0128/NA. U.S. v. Maria B. Skinner. CCA 202300265.

 

Petition for Grant of Review Denied

 

No. 25-0038/AF. U.S. v. Luke A. Scott. CCA 40411.

 

Order Granting Petition for Review

 

No. 25-0109/AF. U.S. v. Alex J. Mejia. CCA 40497. 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 18 U.S.C. § 922 AS APPLIED TO APPELLANT IS CONSTITUTIONAL IN LIGHT OF RECENT PRECEDENT FROM THE SUPREME COURT OF THE UNITED STATES.

 

No briefs will be filed under C.A.A.F. R. 25.

 

Interlocutory Orders

 

No. 25-0070/AR. U.S. v. Daytron Abdullah. CCA 20230223. Appellee's motion to extend time to comply with the Court's order issued March 24, 2025, is granted to April 21, 2025.

 

No. 25-0089/MC. U.S. v. Alvin Valencia. CCA 202300240. Appellant's motion to extend time to file a brief is granted to April 18, 2025.

 

No. 25-0126/AF. U.S. v. Jaden T. Floyd. CCA S32784. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 22, 2025.

 

No. 25-0127/AR. U.S. v. Edwin A. Gonzalez. CCA 20230521. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 22, 2025.

 

No. 25-0128/NA. U.S. v. Maria B. Skinner. CCA 202300265. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 22, 2025.

 

Mandate Issued

 

No. 24-0096/AF. U.S. v. Jaquan Q. Greene-Watson. CCA 40293.


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