The CAAF daily journal has a teaser Filing:
No. 21-0319/AF. In re Damien G. Kawai. Notice is given that a petition for extraordinary relief in the nature of a motion for compassionate release and reduction in sentence pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) was filed under C.A.A.F. Rule 27(a) on this date.
I may have missed it, but I do not see any orders or opinions on this issue at AFCCA?
In United States v. Kawai, No. 35366 (A.F. Ct. Crim. App. Oct. 2, 2007), reports the decision of the AFCCA after a rehearing.
At the first trial, MJA, Appellant plead guilty to unpremeditated murder, larceny, and obstruction of justice--and the government proved up the premeditated murder. Appellant was sentenced to Life. The AFCCA set-aside the obstruction of justice which lead to a rehearing, reconviction, and the same sentence. The first opinion, with detailed facts is at 63 M.J. 591 (A.F. Ct. Crim. App. 2006) aff'd 66 M.J. 495 (C.A.A.F. 2008) (summ. disposition).
The appellant and A1C E, who were co-workers, socialized together on the evening of 16 November 2001. They visited a friend in the hospital who had just given birth to a baby. Thereafter they stopped to buy dinner and some alcoholic beverages. They returned to A1C E dormitory room where they began drinking and watching movies. By late evening, A1C E became very intoxicated, to the point that he vomited and soon thereafter fell asleep. The appellant and another airman4 helped A1C E get into bed. While A1C E lay on the bed, the appellant placed his hands around A1C E neck and put a pillow over his face. Once dead, the appellant cut A1C E wrist with a knife. Before leaving A1C E room that night, the appellant took the victim’s TV, DVD player, VCR, DVDs, videos, and CDs.
Cheers, Phil Cave
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