United States v. McTheny

U NITED S TATES A IR F ORCE C OURT OF C RIMINAL APPEALS UNITED STATES ) No. ACM S32725 Appellee ) ) v. ) ) ORDER Bret R. MCTHENY ) Airman Basic (E-1) ) U.S. Air Force ) Appellant ) Panel 1 On 5 January 2023, Appellant submitted a Motion to Withdraw from Ap- pellate Review and Motion to Attach. Specifically, Appellant moved to attach; (1) 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 22 December 2022 * and Appellant’s counsel on 5 Janu- ary 2023. The Government did not submit any opposition.

Accordingly, it is by the court on this 10th day of January, 2023, ORDERED: Appellant’s Motion to Withdraw from Appellate Review and Motion to At- tach are GRANTED. Appellant’s case is forwarded to the Appellate Records Branch, JAJM, for further processing in accordance with Rules for Courts-Mar- tial 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

* The court notes that Appellant’s digital signature is dated 22 December 2022, but 23 December 2022 appears to have been incorrectly typed in the “Date” field.