United States v. Figueroa

U NITED S TATES A IR F ORCE C OURT OF C RIMINAL APPEALS UNITED STATES ) No. ACM 40594 Appellant ) ) v. ) ) ORDER Brian F. FIGUEROA, JR. ) Airman First Class (E-3) ) U.S. Air Force ) Panel 2 Appellee ) On 3 February 2025, Appellant submitted a Motion to Withdraw from Ap- pellate Review and Motion to Attach. On 7 February 2025, Appellant submit- ted a Motion for Leave to Withdraw and Refile Motion to Withdraw from Ap- pellate Review and Attach, requesting to substitute the 7 February 2025 mo- tion for the 3 February 2025 motion. In the 7 February 2025 motion, Appellant requested (1) withdrawal from appellate review and (2) to attach the following documents relating to Appellant’s case: (a) 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 7 February 2025; (b) the entry of judgment (EoJ), dated 27 Decem- ber 2023; (c) the Statement of Trial Results (STR), dated 16 November 2023; (d) the first indorsement to the EoJ by the staff judge advocate, dated 27 De- cember 2023; and (e) the first indorsement to the STR by the staff judge advo- cate, dated 17 November 2023.

The Government did not submit any opposition.

Accordingly, it is by the court on this 12th day of February, 2025, ORDERED: Appellant’s Motion for Leave to Withdraw and Refile Motion to Withdraw from Appellate Review and Attach, dated 7 February 2025, is GRANTED.

United States v. Figueroa, No. ACM 40594

Appellant’s Motion to Withdraw from Appellate Review and Attach, dated February 2025, 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 (2024 ed.).

FOR THE COURT

OLGA STANFORD, Capt, USAF Chief Commissioner