CAAF today granted review of two issues in United States v. Arriaga, No. 10-0572/AF:

I.   WHETHER, IN LIGHT OF THIS COURT’S RECENT DECISION IN UNITED STATES v. JONES, 68 M.J. 465, 468 (C.A.A.F. 2010), THE APPELLANT’S CONVICTION FOR HOUSEBREAKING MUST BE SET ASIDE BECAUSE THE MILITARY JUDGE ISSUED ERRONEOUS AND MISLEADING INSTRUCTIONS SUPPORTING HOUSEBREAKING AS AN AVAILABLE LESSER-INCLUDED OFFENSE TO THE ORIGINAL BURGLARY CHARGE.

II.  WHETHER APPELLANT WAS DEPRIVED OF HIS RIGHT TO SPEEDY POST-TRIAL REVIEW WHEN OVER 243 DAYS ELAPSED BETWEEN THE DATE OF SENTENCING AND THE DATE THE CONVENING AUTHORITY TOOK ACTION AND WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRONEOUSLY HELD THAT ANY DELAY WAS HARMLESS BEYOND A REASONABLE DOUBT DESPITE IT APPROVING ONLY TWO YEARS OF APPELLANT’S FOUR-YEAR SENTENCE TO CONFINEMENT.

AFCCA’s unpublished decision in the case is available hereUnited States v. Arriaga, No. ACM 37439 (A.F. Ct. Crim. App. May 7, 2010).

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