Senior Airman Brennen J. Patterson served in the U.S. Air Force and stood before a general court-martial convened at Joint Base San Antonio–Fort Sam Houston, Texas. The military judge accepted Patterson’s plea, pursuant to a plea agreement, to one specification of illegal transportation of an alien within the United States in violation of 8 U.S.C.…
Continue reading ›On Jan. 28, 2026, the Navy-Marine Corps Court of Criminal Appeals (NMCCA) issued its decision in United States v. Poller, affirming both the findings and sentence imposed at general court-martial for Hos- pital Corpsman Third Class (E-4) Chase R. Poller. Poller pleaded guilty to multiple violations of Article 134, UCMJ — specifically receiving, possessing, distributing,…
Continue reading ›In United States v. Taylor, NMCCA No. 202400313, the United States Navy-Marine Corps Court of Criminal Appeals (NMCCA) delivered a clear message about the limits of circumstantial evidence in CSAM prosecutions when the Government fails to connect digital evidence to the accused beyond a reasonable doubt. Decided 29 January 2026, this unpublished opinion confronts core…
Continue reading ›The Navy-Marine Corps Court of Criminal Appeals’ recent decision in United States v. Tennyson underscores a reality that senior enlisted members and officers cannot afford to ignore: sexual-harassment allegations under Article 92, UCMJ, often turn on regulatory language, not common-law instincts about severity or harm. The case also illustrates why early, experienced defense representation matters…
Continue reading ›Below is a focused summary of Truth-Telling in the Military: A Guide to Whistleblowing for Service Members by the Government Accountability Project, with particular attention to how Cave & Freeburg can help service members navigate the rules, risks, and procedural traps. If you have made or intend to make a complaint that could be described…
Continue reading ›When a Marine Gunnery Sergeant faced a life-altering court-martial at Quantico, the prosecution alleged dereliction of duty leading to death arising from an incident during an Africa deployment. The charge carried severe criminal exposure and the very real prospect of a destroyed career, lost retirement, and permanent stigma. The stakes were as high as they…
Continue reading ›1. Charges and Sentence Charge and Specification Sentence Additional Procedural Context 2. Issue Presented Single Assignment of Error 3. Analysis of the Opinion Standard of Review Preservation of the Issue Speedy Trial Analysis The NMCCA applied the Barker v. Wingo four-factor balancing test (U.S. Supreme Court precedent) to evaluate whether there was unreasonable delay under…
Continue reading ›1. Charges and Sentence Charges (Plea): Sentence (Special Court-Martial): 2. Issue Presented Single appellate issue: 3. Analysis of the Opinion Standard of Review Application to Factual Record Appellate Court Reasoning Holding 4. Primary Law Used Authority Application Articles 59(a) & 66(c), UCMJ (2016) Governs appellate review authority and sentence appropriateness criteria. Article 92, UCMJ (Violation…
Continue reading ›If you are on active duty and married to an undocumented “alien,” you have two concerns (1) how to get your spouse “legal,” and (2) avoiding disciplinary action. Your Legal Jeopardy Service members often ask whether marrying or living with an undocumented spouse exposes them to court-martial. The short answer is yes, in limited and…
Continue reading ›1. Charges and Sentence Charges/Specifications: The appellant, Chief Hospital Corpsman (E-7) Marvin B. Guzman, U.S. Navy, was tried by general court-martial at Naval Base San Diego, California, and convicted by members with enlisted representation of: Sentence: After the findings, the military judge conditionally dismissed the Article 92 charge due to an unreasonable multiplication of charges…
Continue reading ›
