United States v. Pulley

U NITED S TATES A IR F ORCE C OURT OF C RIMINAL APPEALS UNITED STATES ) No. ACM 40438 Appellee ) ) v. ) ) ORDER Mark A. PULLEY ) Staff Sergeant (E-5) ) U.S. Air Force ) Appellant ) Panel 2 Appellant’s case was docketed with the court on 28 March 2023. During its review of the record of trial, the Military Records Branch (JAJM) discovered that discs pertaining to Prosecution Exhibits 5 and 22 are missing from the record of trial filed with the court. After further review of the record, the court discovered that discs pertaining to Prosecution Exhibit 6 are also missing from the record.

Accordingly, it is by the court on this 31st day of March, 2023, ORDERED: The record of trial in Appellant’s case is returned to the Chief Trial Judge, Air Force Trial Judiciary, for correction under Rule for Courts-Martial (R.C.M.)

1112(d) to account for the above-described issues, and any other portion of the record that hereafter is determined to be missing or defective, after consulta- tion with the parties. See Article 66(g), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 866(g); R.C.M. 1112(d)(2)–(3). Thereafter, the record of trial will be returned to this court for completion of its appellate review under Article 66(d), UCMJ, 10 U.S.C. § 866(d).

The record of trial will be returned to the court not later than 27 April 2023. If the record cannot be returned to the court by that date, the Govern- ment will inform the court in writing not later than 25 April 2023 of the status of the Government’s compliance with this order.

FOR THE COURT

CAROL K. JOYCE Clerk of the Court