United States v. Ellis

U NITED S TATES A IR F ORCE C OURT OF C RIMINAL APPEALS UNITED STATES ) No. ACM 40430 Appellee ) ) v. ) ) ORDER Marquis D. ELLIS ) Airman First Class (E-3) ) U.S. Air Force ) Appellant ) Panel 1 On 26 February 2024, Appellant submitted a Motion to Withdraw from Ap- pellant Review. On the same day, Appellant submitted a separate Motion to Attach; specifically, Appellant moved to attach a DD Form 2330, Waiver/With- drawal 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 23 February 2024 and 26 February 2024, respectively.

Pursuant to this court’s rules, the timeline for opposition to a motion to withdraw from appellate review is two business days, and the timeline for op- position to a motion to attach is seven calendar days. A.F. Ct. Crim. App. R. 23.2. It has been this court’s practice to accept the DD Form 2330 as an attach- ment to the Appellant’s motion to withdraw from appellate review. Therefore, the court accepts the motions together and grants Appellant’s motions prior to completion of the seven-day opposition period normally required for a motion to attach. No opposition to the Appellant’s Motion to Withdraw from Appellate Review was filed.

Accordingly, it is by the court on this 29th day of February, 2024, ORDERED: Appellant’s Motion to Withdraw from Appellate Review and Motion to At- tach are GRANTED.

United States v. Ellis, No. ACM 40430

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 (2024 ed.).

FOR THE COURT

CAROL K. JOYCE Clerk of the Court