United States v. Doyle. Appellant pled guilty to aggravated assault and was sentenced to nine months, a Dismissal, and a reprimand. During his first appeal Doyle raised the issue of of sentence inappropriateness and trial counsel error in arguing the dismissed charges and calling him a "monster." NMCCA did not agree, but they specified an issue with the factual basis for the plea to strangling when the term "is neither defined by the military judge nor used in a context to indicate grevious bodily harm was the "natural and probable consequence" of that action." NMCCA set aside the findings and sentence and authorized a rehearing. Doyle then pled guilty to the lesser offense of A&B; for which he was sentenced to 'no punishment.' The CA disapproved the adjudged 180 days confinement and TF IAW a PTA. On further appeal he has one issue. (1) Appellant’s commanding officer recommended nonjudicial punishment [NJP] after the State of Florida declined to prosecute Appellant; (2) the trial counsel then scheduled a meeting with the immediate superior in command [ISIC] accusing Appellant of attempted murder; and (3) the ISIC stated that while he had no plan to court-martial Appellant, the meeting made him believe the Navy had already made the decision that the case was going to court-martial. Appellant sought to attach a Declaration from the Commodore, [T]he Commodore states in the declaration (1) that he became aware of Appellant’s case while he was the Deputy Commodore; (2) that around the time NJP was recommended, members of Region Legal Service Office [RLSO] Northwest scheduled to meet with him; (3) that during the meeting, the RLSO trial counsel advocated in favor of prosecuting Appellant at court-martial and presented the Commodore with draft charges, which included attempted murder; (4) that prior to the meeting he did not believe Appellant’s case rose to the level of attempted murder and would not have recommended that the case proceed to an Article 32 hearing; (5) that the meeting left him feeling that the Navy had already made the decision that the case was going to court-martial; (6) that after the meeting he adopted the position that the legal process would play out and would provide an opportunity to clarify the matter; and (7) that he reached his decision to recommend an Article 32 hearing on his own and was not coerced by anyone to do so. NMCCA denied the request to attach the declaration citing Willman and Jessie. The court then holds that there is "no legal basis to grant Appellant’s motion to attach the declaration to the record and decline to consider it. Without the declaration, his claim is baseless." The court then went on to say that even if they had considered the declaration, there still would be no merit to the claim. The court finds that whatever went on was accepted practice for the interactions between a trial counsel and convening authority. And, the court points out it is not "a court of equity."
Affirmed.
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United States v. Calloway. In September 2017, the Appellant pled guilty to wrongful use of cocaine on divers occasions and wrongful use of 3,4-methylenediox- United States v. Calloway, No. ACM S32509 (f rev) 2 ymethamphetamine of and was sentenced to 30 days, 30 days HLWC, RiR-E-2, a BCD, and a reprimand. At Calloway's first appearance AFCCA set aside the sentence. A rehearing being considered "impractical" a sentence of "no punishment" was approved. On redocketing, the case was remanded again because, "the convening authority because the convening authority’s 4 May 2020 action purporting to approve the original findings was “not only erroneous and ultra vires, but confusing and misleading.” On redocketing, there being no assignments of error and no specificied issues, the findings and sentence were affirmed. United States v. Geier. Appellant pled guilty to wrongful use of controlled substances and dereliction of duty in vi 105 days and a BCD. He was sentenced in September 2020. The case was docketed with the court in January 2021 and was relatively quickly returned to correct post-trial errors. The Appellant had three assignments of error: (1) whether a plea agreement provision requiring the military judge to adjudge a bad-conduct discharge is legally permissible; (2) whether Appellant received adequate sentence relief for his pretrial confinement credit; and (3) whether his sentence is inappropriately severe. In re D.D. Charges were preferred July 29, 2022. United States v. Maurer. This is the fourth appearance at AFCCA the case having been remanded three times to correct post-trial errors. The findings and sentence are affirmed. The Appellant was sentenced in April 2019. United States v. Pacheco. In a GP, the Appellant was convicted of conspiracy to distribute marijuana, wrongful distribution of marijuana on divers occasions, and wrongful possession of marijuana. She was sentenced to effectively 45 days, RiR, and BCD. On appeal the sole issue is sentence appropriateness. United States v. Mar involves a "waive all waiveable motions" provision in a PTA. Mar got himself 12 months, RiR, and a BCD in exchange for a GP "dereliction of duty, two specifications of wrongful use of marijuana, two specifications of wrongful use of cocaine, one specification of wrongful use of psilocybin mushrooms, one specification of wrongful use of 3,4-methylenedioxymethamphetamine (ecstasy), one specification of wrongful distribution of marijuana, one specification of wrongful possession of marijuana, one specification of solicitation of distribution of ecstasy, and one specification of breaking restriction[.] Prior to trial the accused had been on restriction and later pretrial confinement. The court specified several issues. In light of Rule for Courts-Martial (R.C.M.) 705(c)(1)(b), did the military judge err when she: There is a lot to unpack in Nelson. The decision of the United States Navy-Marine Corps Court of Criminal Appeals (NMCCA) is hereby affirmed. This is one of the several "Bahrain Cases" where the Appellant was accused of soliciting prostitutes, "sex trafficking," and 133 (for failing to report others and a false official). Should his statements to NCIS have been suppressed? At trial, the MJ denied a suppression motion except for statements made about the UCMJ art. 133 allegation. With that, there being no other evidence, that charge was dismissed. The Appellant had agreed he was properly notified by NCIS of their suspicions he engaged with prostitutes, but he argued he was not properly put on notice that they suspected him of sex trafficking. The NMCCA set aside the 133 false official and affirmed. Any volunteers to write on this case? I didn't represent Nelson but I'm going to recuse myself for other reasons. Send a draft to admin@nimj.org, please. Cheers. Updated with some comments from anonymous but known to us writers.
The CADC has reversed the District Court judge 2-1.
www.cadc.uscourts.gov/internet/opinions.nsf/89582D07D5E9CBB78525889200515BFF/$file/21-5012-1957468.pdf
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