Knowing that it’s sometimes hard to access ACCA’s website due to problems with certificates (whatever that means), I’ve posted ACCA’s unpublished Akbar decision here. United States v. Akbar, No. ARMY 20050514 (A. Ct. Crim. App. July 13, 2012). Judge Burton wrote for a unanimous panel affirming SGT Akbar’s death sentence and denying a petition for new trial. I’ll be interested in the No Man’s analysis of the court’s rejection of Akbar’s Apprendi/Ring arguments.
I assume his defense team’s next step will be to request reconsideration en banc.