Lewis

Lewis v. United States

Good Law
United States District Court, Southern District of CaliforniaOctober 21, 20193:18-cv-00911California6,508 words

Opinion

Trial Court Opinion

I. BACKGROUND

26 In December 2012, Petitioner was convicted by a military tribunal at a general court 27 martial of one count of aggravated sexual assault and two counts of wrongful sexual 28 conduct in violation of Article 120, UCMJ, 10 U.S.C. § 920. Petitioner was sentenced to a term of nine years confinement, forfeiture of all pay and allowances, reduction to E-1 grade, and dishonorably discharged.1 (Petition at 5 [ECF NO. 1.]) Petitioner was granted parole in August 2017. (Id. at 6.) Petitioner’s case was submitted for mandatory review before the Air Force Court of Criminal Appeals (“AFCCA”), which affirmed the conviction. (Pet. at 5). The Court of Appeals for the Armed Forces (hereinafter “CAAF”) denied Petitioner a second, discretionary review. (Id.) In 2016 Petitioner submitted a writ of coram nobis to the AFCCA, which was denied. (Id.) The AFCCA instructed Petitioner to seek relief through a writ of habeas corpus in a federal district court. (Id.) Petitioner then filed a writ-appeal petition to the CAAF, which was also denied. (Id.) In May 2018, Petitioner filed the instant petition for writ of habeas corpus.…

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