United States v. Marcoux

U NITED S TATES A IR F ORCE C OURT OF C RIMINAL APPEALS UNITED STATES ) No. ACM 40708 Appellee ) ) v. ) ) ORDER Chad S. MARCOUX ) Senior Airman (E-4) ) U.S. Air Force ) Appellant ) Panel 2 Appellant’s case was docketed with the court on 7 November 2024.

On 17 December 2025, Appellant filed a Motion for Leave to File and Mo- tion for Remand due to the record missing the audio of the general court-mar- tial proceedings. The Government agrees the record is incomplete and remand is appropriate. See Rule for Courts-Martial (R.C.M.) 1112(b)(1). We agree and direct appropriate action in our decretal paragraph below.

Accordingly, it is by the court on this 30th day of December, 2025, ORDERED: Appellant’s Motion for Leave to File and Motion for Remand are GRANTED.

The record of trial in Appellant’s case is returned to the Chief Trial Judge, Air Force Trial Judiciary, for correction under R.C.M. 1112(d) to account for the above-described defect, and any other portion of the record that is deter- mined to be missing or defective hereafter, after consultation with the parties.

See 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), Uniform Code of Military Justice, 10 U.S.C. § 866(d).

It is further ordered: United States v. Marcoux, No. ACM 40708

The record of trial will be returned to the court not later than 19 January 2026. If the record cannot be returned to the court by that date, the Govern- ment will inform the court in writing not later than 16 January 2026 of the status of the Government’s compliance with this order.

FOR THE COURT

JACOB B. HOEFERKAMP, Capt, USAF Acting Clerk of Court