UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, August 29, 2025
Petitions for Grant of Review Filed
No.
25-0255/AR. U.S. v. Jose L. Ortiz. CCA 20240388.
No.
25-0256/MC. U.S. v. Analilia Trejosalguera. CCA
202400271.
Petitions for Grant of Review Denied
No.
25-0189/AR. U.S. v. David Garcia, Jr. CCA 20230178.
No.
25-0201/AF. U.S. v. Eric W. Singleton. CCA 40535.
Mandate Issued
No.
24-0158/MC. U.S. v. Dominic L. Ruiz. CCA 202300007.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, August 28,
2025
Petition for Grant of Review Filed
No.
25-0254/AR. U.S. v. Phillip E. Thompson, Jr. CCA 20190525.
Interlocutory Order
No.
25-0177/AF. United States, Appellant v. John D. Kershaw, Appellee. CCA 40455. On
consideration of the Hearing Notice issued August 25, 2025, setting the
above-mentioned case for oral argument, it is ordered that said Hearing Notice
is hereby vacated.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, August 27,
2025
Petitions for Grant of Review Filed
No.
25-0252/AR. U.S. v. William H. Rivers. CCA 20240238.
No.
25-0253/AR. U.S. v. Elijah E. Golden. CCA 20240198.
Interlocutory Orders
No.
25-0215/AR. U.S. v. Raymond A. Price. CCA 20220347. Appellant's third motion to
extend time to file the supplement to the petition for grant of review is
granted, but only up to and including September 10, 2025. No further extensions
of time will be granted in this case.
No.
25-0248/NA. U.S. v. Ramaje T. A. Parks. CCA 202300243. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to September 17, 2025.
No.
25-0251/AR. U.S. v. Davy J. Halchimai. CCA 20220429. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to September 17, 2025.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, August 26,
2025
Petitions for Grant of Review Filed
No.
25-0248/NA. U.S. v. Ramaje T. A. Parks. CCA
202300243.
No.
25-0249/AR. U.S. v. Dylan K. Lykins. CCA 20240420.
No.
25-0250/AR. U.S. v. Deontae T. Stanley. CCA 20240222.
No.
25-0251/AR. U.S. v. Davy J. Halchimai. CCA 20220429.
Petition for Grant of Review Denied
No.
25-0171/AR. United States, Appellee/Cross-Appellant v. Patrick A. Ford,
Appellant/Cross-Appellee. CCA 20230263.
Orders Granting Petition for Review
No.
25-0202/AF. U.S. v. Jaelen M. Johnson. CCA 40537. On consideration of
Appellant's 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 IT WAS ERROR TO RELY ON APPELLANT'S
INCIDENTAL POSSESSION OF TWO PHONES AT THE TIME OF ARREST AS THE BASIS TO
SEARCH THE PHONES' CONTENTS GOING BACK MORE THAN EIGHT MONTHS.
Appellant
will file a brief on or before September 17, 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.
No.
25-0212/AR. U.S. v. Jorge A. Hurtado. CCA 20240609. On consideration of
the petition for grant of review of the decision of the United States Army
Court of Criminal Appeals on appeal by the United States under Article 62,
Uniform Code of Military Justice, 10 U.S.C. § 862, it is ordered that said
petition is granted on the following issues:
I. WHETHER THE MILITARY JUDGE'S RULING WAS NOT
AN ABUSE OF DISCRETION.
II. WHETHER THE
MILITARY JUDGE MADE CLEARLY ERRONEOUS FACTUAL FINDINGS AND THE ARMY COURT'S
"MERE DISAGREEMENTS" JUSTIFY DEVIATING FROM THE STANDARD THIS COURT MANDATES
UNDER ARTICLE 62.
On
or before September 10, 2025, Appellee will file an answer brief to the
petition. Appellant may file a reply brief no later than 7 days after the
filing of Appellee's answer brief.
Interlocutory Orders
No.
25-0102/MC. U.S. v. Jonatan O. RosarioMartinez. CCA
202300154. Appellee's second motion to extend time to file a brief is granted,
up to and including September 10, 2025. Absent extraordinary circumstances, no
further extensions of time will be granted in this case.
No.
25-0157/AF. U.S. v. Zachary C. Rocha. CCA 40134. On consideration of the
corrected motion filed by the National Institute of Military Justice to file an
amicus curiae brief, it is ordered that the motion is hereby granted.
No.
25-0230/AR. U.S. v. Carl D. Harris, Jr. CCA 20240029. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to September 15, 2025.
No.
25-0246/AF. U.S. v. Seth D. Norris. CCA 24045. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to September 15, 2025.
Mandate Issued
No.
25-0004/MC. U.S. v. Joseph D. Suarez. CCA 202300049.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, August 25, 2025
Petitions for Grant of Review Filed
No.
25-0246/AF. U.S. v. Seth D. Norris. CCA 24045.
No.
25-0247/MC. U.S. v. Michael J. Garcia. CCA 202400475.
Petition for Grant of Review Denied
No.
25-0165/AR. United States, Appellee/Cross-Appellant. v. Jesus D. Calvillomagana. Appellant/Cross-Appellee. CCA 20230161.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, August 22, 2025
Interlocutory Orders
No.
25-0149/MC. U.S. v. James H. Bass. CCA 202300185. On consideration of
Appellant's second motion to extend time to file a brief, it is ordered that
the motion is granted to September 18, 2025; and absent extraordinary
circumstances, no further extension of time will be granted.
No.
25-0234/AF. U.S. v. Ricky Z. Barlow. CCA 40552. On consideration of Appellant's
second motion to extend time to file the supplement to the petition for grant
of review, it is ordered that the motion is granted to September 26, 2025; and
absent extraordinary circumstances, no further extension of time will be
granted.
No.
25-0243/MC. U.S. v. Anderson A. Ixcolgonzalez. CCA 202400253.
On consideration of Appellant's motion to extend time to file a brief, it is
ordered that the motion is granted to September 18, 2025.
No.
25-0245/AF. U.S. v. Jason R. Copp. CCA 24029. On consideration of Appellant's
motion to extend time to file the supplement to the petition for grant of
review, it is ordered that the motion is granted to September 12, 2025.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, August 21,
2025
Petition for Grant of Review Filed
No.
25-0245/AF. U.S. v. Jason R. Copp. CCA 24029.
Petitions for Grant of Review Denied
No.
25-0193/AF. U.S. v. Michael A. Edwards. CCA S32787.
No.
25-0206/NA. U.S. v. Jackus D. Allen. CCA 2023000245.
No.
25-0210/AR. U.S. v. Carlos E. Franco. CCA 20240431.
No.
25-0222/NA. U.S. v. Damian C. Izguerra. CCA 202400408.
No.
25-0223/AF. U.S. v. Justin P. Mitton. CCA 40616.
Miscellaneous Docket - Summary
Disposition
No.
25-0239/AF. A.F., Petitioner v. United States Air Force Court of Criminal
Appeals, Respondent; United States, Real Party in Interest A; and Major William
Fundis, Real Party in Interest B. CCA 40689. On consideration of the petition for
extraordinary relief in the nature of a writ of
mandamus, and in view of M.W. v. United States, 83 M.J. 361 (C.A.A.F.
2023), and the motion to supplement the petition for extraordinary relief, it
is ordered that the petition is hereby dismissed for lack of jurisdiction and
that the motion is denied as moot.
Interlocutory Order
No.
24-0089/AF. U.S. v. Nikolas S. Casillas. CCA 40302. Appellant's motion to
extend time to file a petition for reconsideration of this Court's decision, U.S. v. Casillas, __ M.J. __ (C.A.A.F.
2025), is granted to September 10, 2025.
Mandate Issued
No.
25-0073/AF. U.S. v. Joshua A. Patterson. CCA 40426.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, August 20,
2025
Certificate for Review Filed
No.
25-0244/AR. United States, Appellant. v. Isac D. Mendoza, Appellee. CCA
20210647.
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 APPELLANT'S CONVICTION SHOULD BE REVERSED FOR A DUE
PROCESS VIOLATION?
II.
WHETHER THE ARMY COURT ERRED IN ITS APPLICATION OF THE LAW IN FINDING THAT THE
CONVICTION WAS LEGALLY AND FACTUALLY SUFFICIENT?
III.
WHETHER THE ARMY COURT ERRED IN ITS APPLICATION OF THE LAW IN APPLYING A
"MAINLY BUT ALONGSIDE OTHER EVIDENCE" FRAMEWORK TO FIND APPELLANT'S
CONVICTION LEGALLY SUFFICIENT?
Appellant
will file a brief under Rule 22(b) in support of said certificate on or before
September 17, 2025.
Order Granting Petition for Review
No.
25-0181/AR. U.S. v. Donte M. Brown. CCA 20230168. 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 issues:
I.
WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE INCORRECTLY ADMITTED
TWO SUPPOSED PRIOR CONSISTENT STATEMENTS BY MISSTATING THE LAW, APPLYING BOTH
SUBSECTIONS IN VIOLATION OF AYALA/FINCH, AND FAILING TO IDENTIFY A
STATEMENT THAT PREDATED THE CLEAR AND PERSISTENT MOTIVE TO FABRICATE PURSUED BY
APPELLANT.
II.
WHETHER THE ARMY COURT ERRED WHEN IT DISREGARDED THIS COURT'S PLAIN LANGUAGE IN
AYALA/FINCH AND FAILED TO EXPLAIN HOW THE PRIOR CONSISTENT STATEMENTS
WERE RELEVANT TO REHABILITATE THE WITNESS UNDER MRE 801(d)(1)(B)(ii) BEYOND
MERE REPETITION.
III.
WHETHER THIS COURT SHOULD ADOPT THE PIERRE STANDARD FROM FEDERAL COURTS
FOR PRIOR CONSISTENT STATEMENTS DEFINING "RELEVANT TO REHABILITATE."
Appellant
will file a brief on or before September 21, 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.
Mandate Issued
No.
24-0217/AR. U.S. v. Alex J. Secord. CCA 20210667.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, August 19,
2025
Certificate for Review Filed
No.
25-0243/MC. United States, Appellant. v. Anderson A. Ixcolgonzalez,
Appellee. CCA 202400253. Notice is given that a certificate for review of the
decision of the United States Navy-Marine Corps Court of Criminal Appeals was
filed under Rule 22, together with a motion to file the brief separately under
Rule 30, on this date on the following issues:
I.
DID THE MILITARY JUDGE ERR SUPPRESSING DIGITAL DEVICE EVIDENCE BECAUSE
AUTHORIZATION DID NOT USE "AS MUCH SPECIFICITY AS THE GOVERNMENT'S
KNOWLEDGE AND CIRCUMSTANCES" ALLOWED - WHEN RICHARDS REQUIRES ONLY
ENOUGH TO PREVENT A SEARCH CLEARLY OUTSIDE THE SCOPE OF THE CRIME BEING
INVESTIGATED, AND THE AUTHORIZATION SPECIFIED CHILD PORNOGRAPHY CRIMES AND
EVIDENCE OF THOSE CRIMES?
II.
DID THE MILITARY JUDGE AND LOWER COURT ERR FINDING THAT GOOD FAITH DID NOT
APPLY BECAUSE THE AUTHORIZATION DID NOT SPECIFY LOCATIONS TO BE SEARCHED INSIDE
THE DIGITAL DEVICES, BASING THAT FINDING ON THE FOURTH AMENDMENT, WHERE
"COMPUTER FILES MAY BE MANIPULATED TO HIDE THEIR TRUE CONTENTS," AND
WHERE THE RULE AT THE TIME OF THE SEARCH WAS THAT THE AUTHORIZATION WAS
SUFFICIENT AND THE AFFIDAVIT WAS INCORPORATED?
III.
DID THE MILITARY JUDGE ERR HOLDING THAT THE AFFIDAVIT WAS NOT INCORPORATED
WHERE THE AUTHORIZATION TWICE REFERENCED THE ATTACHED AFFIDAVIT SIGNED BY THE
COMMANDING OFFICER, AND WHERE MIL. R. EVID. 315 ONLY REQUIRES STATEMENTS IN SUPPORT
OF PROBABLE CAUSE TO BE "COMMUNICATED," BUT DOES NOT REQUIRE WORDS OF
INCORPORATION?
IV.
DID THE MILITARY JUDGE ABUSE HIS DISCRETION WHEN HE FOUND THAT LAW ENFORCEMENT
CONDUCT WAS SUFFICIENTLY CULPABLE SUCH THAT THE EXCLUSIONARY RULE WOULD
MEANINGFULLY DETER IT?
Further
action on the certificate shall be held in abeyance pending the Court's final
action on the motion.
Miscellaneous Docket - Summary
Disposition
No.
25-0241/AF. K.K., Petitioner v. United States Air Force Court of Criminal
Appeals, Respondent, United States, Real Party in Interest A, and Second
Lieutenant Scott Culbreth, Real Party in Interest B. CCA 40704. On consideration of
the petition for extraordinary relief in the nature of a
writ of mandamus, and in view of M.W. v. United States, 83 M.J. 361
(C.A.A.F. 2023), it is ordered that the petition is dismissed for lack of
jurisdiction.
Interlocutory Order
No.
25-0157/AF. United States, Appellant v. Zachary C. Rocha, Appellee. CCA 40134.
On consideration of the motion filed by the National Institute of Military
Justice to file an amicus curiae brief, it is ordered that the motion is
denied without prejudice to refiling in compliance with C.A.A.F. Rule of
Practice and Procedure 26(c).
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, August 18, 2025
Petitions for Grant of Review Filed
No.
25-0242/AR. U.S. v. Joshua M. Campbell. CCA 20240596.
UNITED STATES COURT OF APPEALS FOR THE
ARMED FORCES
DAILY JOURNAL
Friday, August 15, 2025
Petitions for Grant of Review Denied
No.
25-0147/AR. U.S. v. Victor Pineda. CCA 20240004.
No.
25-0180/AF. U.S. v. Renard D. Jenkins. CCA S32765.
No.
25-0213/AF. U.S. v. Liam M. Shirley. CCA 40618.
UNITED STATES COURT OF APPEALS FOR THE
ARMED FORCES
DAILY JOURNAL
Thursday, August 14, 2025
Interlocutory Orders
No.
25-0147/AR. U.S. v. Victor Pineda. CCA 20240004. Appellant's motion for leave
to file the supplement to the petition for grant of review out of time is
denied.
No.
25-0217/AR. U.S. v. Thomas M. Adams. CCA 20250308. 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 in the nature of a writ of habeas corpus, it is ordered that
on or before August 28, 2025, Appellee will file an answer brief to the
petition on the following issues:
I.
WHETHER THE ARMY COURT LACKED JURISDICTION TO ENTERTAIN APPELLANT'S WRIT OF
HABEAS CORPUS.
II.
WHETHER THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES POSSESSES
HABEAS CORPUS JURISDICTION AFTER A COURT-MARTIAL IS FINAL UNDER ARTICLE 76,
UNIFORM CODE OF MILITARY JUSTICE, 10 U.S.C. 876 (2018), IN NONCAPITAL CASES
WHEN A PUNITIVE DISCHARGE OR DISMISSAL HAS BEEN EXECUTED.
Appellant
will file a reply brief on both issues no later than
14 days after the filing of Appellee's answer brief.
No
review of the underlying merits of the habeas corpus petition will be conducted
until the aforementioned issues are resolved.
No.
25-0227/CG. U.S. v. Erick R. Kelley. CCA 1495. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted, up to and including September 9, 2025. Absent extraordinary
circumstances, no further extensions of time will be granted in this case
Mandate Issued
No.
24-0146/AF. U.S. v. Leo J. Navarro Aguirre. CCA 40352.
Petition for Reconsideration Denied
No.
25-0073/AF. U.S. v. Joshua A. Patterson. CCA 40426.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, August 13,
2025
Petition for Grant of Review Denied
No.
25-0204/AR. U.S. v. Bryan S. Painter. CCA 20240229.
Miscellaneous Docket - Filing
No.
25-0241/AF. K.K., Petitioner v. United States Air Force, Respondent, United
States, Real Party in Interest A, and Second Lieutenant Scott Culbreth, Real
Party in Interest B. CCA 40704. Notice is given that a petition for
extraordinary relief in the nature of 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, August 12,
2025
Petition for Grant of Review Filed
No.
25-0240/AR. U.S. v. Matthew G. Clark. CCA 20240378.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, August 11, 2025
Petitions for Grant of Review Denied
No.
25-0184/AF. U.S. v. Humphrey Daniels III. CCA 39407.
No.
25-0200/AF. U.S. v. Benjamin C. York. CCA 40604.
Interlocutory Orders
No.
25-0236/AR. U.S. v. Robert E. Irving. CCA 20240051. Appellant's motion to
extend time to file a supplement to the petition for grant of review is granted
to September 2, 2025.
No.
25-0237/AF. U.S. v. Juan G. Gale. CCA 2025-01. Appellant's motion to extend
time to file a supplement to the petition for grant of review is granted to
September 2, 2025.
No.
25-0238/AF. U.S. v. Ann R. Marin Perez. CCA S32771. Appellant's motion to
extend time to file a supplement to the petition for grant of review is granted
to September 2, 2025.
Mandates Issued
No.
24-0098/AF. U.S. v. Thomas M. Saul. CCA 40341.
No.
24-0206/AF. U.S. v. Dennis A. George, Jr. CCA 40397.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, August 8, 2025
Petitions for Grant of Review Filed
No.
25-0237/AF. U.S. v. Juan G. Gale. CCA 2025-01.
No.
25-0238/AF. U.S. v. Ann R. Marin Perez. CCA S32771.
Petition for Grant of Review Denied
No.
25-0211/AR. U.S. v. Gage E. Weinrich. CCA 20240219.
Miscellaneous Docket - Filing
No.
25-0239/AF. A.F., Petitioner v. United States Air Force Court of Criminal
Appeals, Respondent and United States, Real Party in Interest A and Major
William Fundis, Real Party in Interest B. CCA 40689. Notice is hereby given
that a petition for extraordinary relief in the nature of a
writ of mandamus was filed under Rule 27(a) on this date.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Thursday, August 7,
2025
Petitions for Grant of Review Filed
No.
25-0234/AF. U.S. v. Ricky Z. Barlow. CCA 40552.
No.
25-0236/AR. U.S. v. Robert E. Irving. CCA 20240051.
Miscellaneous Docket - Filing
No.
25-0235/AR. U.S. v. Michael L. Wilson. Notice is hereby given petition for
extraordinary relief in the nature of a writ of habeas
corpus was filed under Rule 27(b) on this date.
Interlocutory Orders
No.
25-0179/AF. U.S. v. William M. Hilton. CCA 40500. On consideration of Appellant's
motion to submit matters pursuant to United States v. Grostefon,
12 M.J. 431 (C.M.A. 1982), it is ordered that the motion is hereby granted.
No.
25-0215/AR. U.S. v. Raymond A. Price. CCA 20220347. On consideration of
Appellant's second motion to extend time to file the supplement to the petition
for grant of review, it is ordered that the motion is granted to August 27,
2025.
No.
25-0234/AF. U.S. v. Ricky Z. Barlow. CCA 40552. On consideration of Appellant's
motion to extend time to file the supplement to the petition for grant of
review, it is ordered that the motion is granted to August 28, 2025.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Wednesday, August 6,
2025
Petition for Grant of Review Filed
No.
25-0232/AR. U.S. v. Kane J. Brodie. CCA 20240138.
Certificate for Review Filed
No.
25-0233/AR. United States, Appellant. v. Zackery M. Armsbury,
Appellee. CCA 20230534. 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, PURSUANT TO A "HIGHLY DISPARATE" SENTENCE THEORY,
POSSESSED THE AUTHORITY TO SET ASIDE APPELLANT'S BAD CONDUCT DISCHARGE WHEN IT
WAS A NEGOTIATED TERM OF THE PLEA AGREEMENT.
II.
WHETHER THE ARMY COURT ABUSED THEIR DISCRETION IN FINDING APPELLEE'S SENTENCE
"HIGHLY DISPARATE" AND IN SETTING ASIDE APPELLEE'S BAD CONDUCT DISCHARGE.
Appellant
will file a brief under Rule 22(b) in support of said certificate on or before
the 5th day of September, 2025.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Tuesday, August 5, 2025
Interlocutory Orders
No.
25-0148/AF. U.S. v. John P. Matti. CCA 22072. Appellee's motion to extend time
to file a brief is granted to September 8, 2025.
No.
25-0158/MC. U.S. v. Danielle E. Deremer. CCA 202300205. Appellee's motion to
extend time to file a brief is granted to August 19, 2025.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Monday, August 4, 2025
Petition for Grant of Review Filed
No.
25-0231/NA. U.S. v. Ryan E. Ramsey. CCA 202500092.
Interlocutory Order
No.
25-0230/AR. U.S. v. Carl D. Harris, Jr. CCA 20240029. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to August 25, 2025.
UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES
DAILY JOURNAL
Friday, August 1, 2025
Petition for Grant of Review Filed
No.
25-0230/AR. U.S. v. Carl D. Harris, Jr. CCA 20240029.
Petition for Grant of Review Denied
No.
25-0207/AR. U.S. v. Kelvin R. Curry. CCA 20240073.
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