United States v. Pena

U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS UNITED STATES ) No. ACM S32702 Appellee ) ) v. ) ) ORDER Jose R. PENA ) Airman First Class (E-3) ) U.S. Air Force ) Appellant ) Panel 1 On 1 April 2022, Appellant submitted a Motion to Withdraw from Appel- late Review and Motion to Attach. Specifically, Appellant moved to attach 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 and Appellant’s counsel on 28 March 2022 and 1 April 2022, re- spectively. The Government did not submit any opposition.

Accordingly, it is by the court on this 7th day of April, 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

FLEMING E. KEEFE, Capt, USAF Acting Deputy Clerk of the Court