This week at SCOTUS: The Solicitor General has waived the right of the United States to respond in Reynard v. United States, No. 13-5084. Additionally, a cert petition was filed in Irizarry v. United States, No. 13-57 (CAAFlog case page) on July 11. Counsel of record for Petitioner is the Air Force Appellate Defense Division. I’m not aware of any other military justice developments at the Supreme Court.
This week at CAAF: CAAF has finished hearing oral arguments for the term.
This week at the ACCA: The next scheduled oral argument at the Army CCA is on Wednesday, July 31, 2013.
This week at the AFCCA: The Air Force CCA’s website shows no scheduled oral arguments.
This week at the CGCCA: The Coast Guard Trial Docket shows no pending cases at the Coast Guard CCA.
This week at the NMCCA: The Navy-Marine Corps CCA’s website shows no scheduled oral arguments. However, it does show an oral argument that occurred last week (but was not shown at the time of last week’s TWIMJ):
Wednesday, July 10, 2013: United States v. Mancillas (argument audio)
Background: A general court-martial, composed of a military judge alone, convicted the appellant on 6 November 2003, pursuant to his pleas, of conspiracy to distribute marijuana, two specifications of unauthorized absence, two specifications of making false official statements, and wrongful distribution and use of marijuana, in violation of Articles 81, 86, 107, and 112a, Uniform Code of Military Justice, 10 U.S.C. §§ 881, 886, 907, and 912a. The military judge sentenced the appellant to confinement for seven years, forfeiture of all pay and allowances, reduction to pay grade E-1, and a dishonorable discharge. The convening authority approved the sentence as adjudged and, in accordance with the pretrial agreement, suspended all confinement in excess of six years for a period of twelve months from the date of the convening authority’s action. The case is before this court for completion of appellate review pursuant to Article 66, UCMJ. United States v. Mancillas, No. 200401950, 2006 CCA LEXIS 339, unpublished op. (N.M.Ct.Crim.App. 18 Dec 2006), remanded by 65 M.J. 412 (C.A.A.F. 2007), vacated by 2012 CCA LEXIS 134, unpublished op. (N.M.Ct.Crim.App. 17 Apr 2012).
Issue: The Court will hear oral argument on the appellant’s motion for fifth enlargement of time to establish a proffer in support of any further enlargements in compliance with NMCCA rules.