U.S. v. Upshaw — modified by order

United States Court of Appeals
for the Armed Forces
Washington, D.C.
United States,
Appellee
v.
Darrius D.
Upshaw,
Appellant
USCA Dkt. No. 20-0176/NA
Crim.App. No. 201600053
O R D E R
On consideration of Appellee’s motion to file a petition for reconsideration
out of time of this Court’s decision, United States v. Upshaw, __ M.J. __,
(C.A.A.F. 2021), it is, by the Court, this 1st day of June, 2021,
ORDERED:
That the motion to file the petition for reconsideration out of time is hereby
granted;
That the petition for reconsideration is hereby granted; and
That the decretal paragraph of the subject opinion is hereby modified to
read, “The record is returned to the Judge Advocate General of the Navy. A
rehearing is authorized.”
For the Court,
/s/ David A. Anderson
Acting Clerk of the Court
cc: The Judge Advocate General of the Navy
Appellate Defense Counsel (Morgan III)
Appellate Government Counsel (Fiveson)
06/01/2021