Question not identified.

No question identified. : No. IN THE Supreme Court of the Anited States CALEB A.C. SMITH, Applicant, Vv. UNITED STATES OF AMERICA, Respondent. Application to the Hon. John G. Roberts, Jr. for Extension of Time to File a Petition for a Writ of Certiorari to the United States Court of Appeals for the Armed Forces Pursuant to Supreme Court Rules 13(5), 22, and 30(2), the Applicant, Caleb A.C. Smith, respectfully requests a 60-day extension of time, to and including December 9, 2023, to file a petition for a writ of certiorari. Unless an extension is granted, the deadline for filing the petition for certiorari will be October 10, 2023. In support of this request, Applicant provides the following: 1. The Court of Appeals for the Armed Forces (CAAF) rendered its decision on July 12, 2023. This Court has jurisdiction under 28 U.S.C. § 1259(3). Copies of the CAAF’s order granting review as well as the CAAF’s decision are attached to this application. 2. Applicant, a member of the United States Air Force, was tried by a panel of officer members at general court-martial. The panel convicted Applicant, contrary to his pleas, of one specification of sexual assault by oral penetration in violation of Article 120, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 920 (2018). The panel sentenced Appellant to reduction to E1, forfeiture of all pay and allowances, 60 days’ confinement, and a dishonorable discharge. 3. The Air Force Court of Criminal Appeals (AFCCA) affirmed the findings and sentence. The CAAF affirmed the AFCCA’s decision. 4. The original record of trial consists of 1,251 transcribed pages, 18 prosecution exhibits, five defense exhibits, 40 appellate exhibits, and one court exhibit. 5. Applicant retained civilian appellate defense counsel to represent him before the AFCCA and the CAAF as lead counsel. Applicant has not retained civilian appellate defense counsel for his Petition for a Writ of Certiorari. Major (Maj) Megan Hoffman, United States Air Force, also represented Applicant before the AFCCA and the CAAF. However, Maj Hoffman, a reservist, has multiple upcoming deadlines in her civilian capacity: (1) a memorandum with the Court of Appeals for Veterans Claims (CAVC) on October 3, 2023; (2) a memorandum with the CAVC on October 9, 2023; (3) a brief with the CAVC on October 6, 2023; and (4) a brief with the CAVC on October 20, 2023. Maj Hoffman also has an oral argument on October 11, 2023, before a federal circuit court. Maj Heather Caine, United States Air Force, represented Applicant before the CAAF. Maj Caine is currently representing 16 clients before the AFCCA and four clients before the CAAF. She also has oral argument at the CAAF on November 7, 2023, as well as a second oral argument pending scheduling. 6. Applicant thus requests a 60-day extension for counsel to prepare a petition that fully addresses the complex issue raised by the decision below and frames that issue in a manner that will be most helpful to the Court. WHEREFORE, for the foregoing reasons, Applicant respectfully requests that an extension of time to and including December 9, 2023, be granted within which Applicant may file a petition for a writ of certiorari. Filed on: September 28, 2023 Respectfully Submitted, Ait Coie HEATHER M. CAINE Appellate Defense Counsel Appellate Defense Division United States Air Force 1500 West Perimeter Road Joint Base Andrews NAF, MD 20762 (240) 612-4770 heather.caine. 1 @us.af.mil OYYL, ae MEGAN E. HOFFMAN Appellate Defense Counsel Appellate Defense Division United States Air Force 1500 West Perimeter Road Joint Base Andrews NAF, MD 20762 (240) 612-4770 Counsel for Applicant United States Court of Appeals for the Armed Forces Washington, D.C. United States, USCA Dkt. No. 22-0237/AF Appellee Crim.App. No. 40013 Vv. ORDER GRANTING REVIEW Caleb A.C. Smith, Appellant On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is, by the Court,