The First Amendment follows you into uniform, but it does not follow you the same way. Service members who do not understand where the line falls often cross it without knowing—and pay with their careers. This informational post is brought to you by Cave & Freeburg, LLP, at court-martial.com. A soldier posts a video criticizing…
Continue reading ›United States v. Rivera, NMCCA No. 202400304 (Nov. 13, 2025) Court: Navy-Marine Corps Court of Criminal Appeals Panel: Senior Judge Gross (author), Chief Judge Daly, Judge de Groot Result: Affirmed What Happened On October 14, 2022, Private First Class Nathan Rivera attended a party at Marine Corps Base Camp Lejeune. Rivera took two tabs of…
Continue reading ›United States v. Guinsler — Case Summary, prepared by Phil Cave of Cave & Freeburg, LLP What the Court Decided in Guinsler In January 2026, a federal grand jury in the Eastern District of Virginia indicted Army soldier James Isaac Guinsler on four counts of coercion and enticement of a child and one count of…
Continue reading ›On March 25, 2026, the United States Army Court of Criminal Appeals issued its decision in United States v. Williams-Clark (ARMY 20230185). The court set aside a sexual assault conviction — one that carried a two-year confinement term — not on the merits, but because the verdict itself was fatally ambiguous. The military judge convicted…
Continue reading ›Courts-martial convictions come with a constitutional guarantee: the government must move your case forward without unreasonable delay. When it does not, appellate courts can reduce your sentence or grant other relief. Published March 27, 2026 · Cave & Freeburg LLP The Short Answer Every service member convicted at a court-martial has a Fifth Amendment due…
Continue reading ›United States v. Jacinto — Case Analysis U.S. Court of Appeals for the Armed Forces | Decided February 2, 2026 What Happened The Navy court-martialed Aviation Structural Mechanic First Class Salvador Jacinto for sexually abusing his minor stepdaughter, E.B. A panel convicted him of rape of a child and three specifications of sexual abuse of…
Continue reading ›Published by Cave & Freeburg LLP | Military Justice Defense Attorneys Case Citation: United States v. Castillo, No. ACM 40705 (A.F. Ct. Crim. App. Mar. 11, 2026) | Unpublished A recent Air Force Court of Criminal Appeals decision — United States v. Castillo — raises an important question every military defense lawyer must understand: when…
Continue reading ›Overview The Navy-Marine Corps Court of Criminal Appeals (NMCCA) decided United States v. Selleneit on 17 March 2026, affirming the findings and sentence of a general court-martial tried at Naval Station Rota, Spain. Fire Controlman Aegis Petty Officer Second Class (E-5) George B. Selleneit faced charges of sexual assault under Article 120, UCMJ, and unlawful…
Continue reading ›When “Not Guilty” Still Costs You: Acquitted Conduct Sentencing in Military Court-Martial Being found not guilty on a charge should mean something. But in both federal and military courts, a “not guilty” verdict on one count can still drive up the punishment on counts where the jury did convict you. This practice — called acquitted…
Continue reading ›Plea agreement bad faith by trial counsel does not just harm one defendant. It fractures the foundation that military justice runs on. A March 2026 ruling from the Navy-Marine Corps Court of Criminal Appeals—United States v. Gonzalez—puts that reality on the record and demands attention from every military legal professional. What Happened in Gonzalez Marine…
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