Court of Appeals for the Armed Forces

Thursday, June 6, 2024
 
Order Granting Petition for Review
 
No. 24-0098/AF. U.S. v. Thomas M. Saul. CCA 40341. 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 issues:
 
I. WHETHER A GUILTY PLEA FOR WILLFUL DESTRUCTION OF PROPERTY UNDER ARTICLE 109, UCMJ, CAN BE PROVIDENT WHEN APPELLANT THRICE TOLD THE MILITARY JUDGE THAT HE "DID NOT INTEND TO DAMAGE THE [PROPERTY]" AND THAT HE WAS SURPRISED THERE WAS ACTUAL DAMAGE.
 
II. WHETHER THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES HAS JURISDICTION TO DIRECT MODIFICATION OF THE 18 U.S.C. § 922 PROHIBITION NOTED ON THE STAFF JUDGE ADVOCATE'S INDORSEMENT TO THE ENTRY OF JUDGMENT.
 
III. AS APPLIED TO APPELLANT, WHETHER THE GOVERNMENT CAN PROVE 18 U.S.C. §922 IS CONSTITUTIONAL BY "DEMONSTRATING THAT IT IS CONSISTENT WITH THE NATION'S HISTORICAL TRADITION OF FIREARM REGULATIONS" WHEN HE WAS NOT CONVICTED OF A VIOLENT OFFENSE. (quoting New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1, 24 (2022)).
 
On or before July 8, 2024, Appellant will file a brief on Issue I only.