United States v. Zimmerman

U NITED S TATES A IR F ORCE C OURT OF C RIMINAL APPEALS UNITED STATES ) No. ACM 40235 Appellee ) ) v. ) ) ORDER Ian M. ZIMMERMAN ) Airman First Class (E-3) ) U.S. Air Force ) Appellant ) Panel 2 On 25 October 2022, Appellant submitted a Motion to Withdraw from Ap- pellate Review and Attach. Specifically, Appellant moved to attach a DD Form 2330, Waiver/Withdrawal of Appellate Rights in General and Special Courts- Martial Subject to Review by a Court of Criminal Appeals, signed by Appellant on 20 October 2022 and Appellant’s counsel on 21 October 2022.

The Government did not submit any opposition.* Accordingly, it is by the court on this 26th day of October, 2022, ORDERED: Appellant’s Motion to Withdraw from Appellate Review and Attach is GRANTED. Appellant’s case is forwarded to the Appellate Records Branch, JAJM, for further processing in accordance with Rules for Courts-Martial 1115(f)(3) and 1201, Manual for Courts-Martial, United States (2019 ed.).

FOR THE COURT

ANTHONY F. ROCK, Maj, USAF Deputy Clerk of the Court

* Appellant originally filed the motion on 5 October 2022. On 25 October 2022, Appel- lant filed this updated motion in which he withdrew the 5 October 2022 motion due to an error in the original submission. During this time, the Government did not file a response in support of or opposing the motion. See A.F. CT. CRIM. APP. R. 23.2 (estab- lishing a deadline of two business days for parties to submit any response to a motion to withdraw from appellate review).