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Tuesday, June 16, 2026 Certificate for Review No. 26-0221/AF. U.S. v. Hannes Marschalek. CCA S32776. Notice is given that a certificate for review of the decision of the United States Air Force Court of Criminal Appeals was filed under Rule 22 on this date on the following issues: I. Can an accused waive a claim of preemption under Article 134, UCMJ? II. Did the appellee waive his preemption claim through either his unconditional guilty plea or the waive all waivable motions provision in his plea agreement, or both? III. If appellee did not waive his preemption claim, was Article 134, UCMJ, offense to which appellee pleaded guilty preempted by Article 120C, UCMJ, under a plain error standard or otherwise? Your browser does not support viewing this document. Click here to download the document. The second decision is based on reconsideration and "[W]e vacate our original opinion and find our holding and the dissent remain unchanged." But one judge concurred in the first opinion and changed to concurring in part and concurring dubitante. Your browser does not support viewing this document. Click here to download the document.
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