Cases

ERDMANN, Judge, with whom RYAN, Judge, joins (dissenting): I agree with Judge Stucky that the possession of pornographic images of virtual children may give rise to a conviction under Article 133, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 933 (2000), for conduct unbecoming an officer and a gentleman, even though the First Amendment protects civilians from criminal prosecuti

Motion of petitioner for reconsideration of order denying leave to proceed n forma pauperis denied.

Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari dismissed. See Rule 39.8. As petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and petition submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals,

OPINION OF THE COURT PER CURIAM: The main issue to be decided in this case is whether the government complied with United States v. Goode, 23 U.S.C.M.A. 367, 50 C.M.R. 1, 1 M.J. 3 (C.M.A.1975) when it served the staff judge advocate’s review and record of trial on an attorney who was no longer representing appellant. Appellant, who pleaded guilty to larceny and robbery was represente

Motion of petitioner for leave to proceed in forma pauperis denied, and the petition for writ of certiorari to the Supreme Court of Florida dismissed. See Rule 39.8.

Sup. Ct. Fla. Certiorari denied.

Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied. Same case below, 46 So. 3d 60.

Motion for leave to proceed as a veteran denied.

Dist. Ct. App. Fla., 4th Dist. Certiorari denied.

Sup. Ct. Fla. Certiorari denied.

Petition for rehearing denied. Former decision, 565 U.S. 848, 132 S. Ct. 168, 181 L. Ed. 2d 81, 2011 U.S. LEXIS 6546.

Sup. Ct. App. W. Va. Certiorari denied.

538 U.S. 1047 GIBSON, AKA FORNEYv.UNITED STATES. No. 02-10055. Supreme Court of United States. May 19, 2003. 1 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. 2

Petition for writ of certiorari to the Supreme Court of Florida denied. Same case below, 42 So. 3d 233.

C. A. 4th Cir. Certiorari denied.

C. A. 4th Cir. Certiorari denied.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Petition for rehearing denied.

CLARK, Senior Circuit Judge, dissenting: Respectfully, I dissent. This ease turns upon the interpretation of the cooperation provision of Forney’s plea agreement. This provision provides that, in exchange for For-ney’s full cooperation in criminal investigations and prosecutions, the government will consider filing a 5K1.1 motion recommending a lesser sentence; the provision goes on to reserve to the government t

C. A. 10th Cir. Certiorari denied.