United States v. Polly

U NITED S TATES A IR F ORCE C OURT OF C RIMINAL APPEALS UNITED STATES ) No. ACM 40709 Appellee ) ) v. ) ) ORDER Joshua J. POLLY ) Staff Sergeant (E-5) ) U.S. Air Force ) Appellant ) Panel 1 On 27 March 2026, the court specified the following issue for supplemental briefing in the above-captioned case: WHETHER APPELLANT’S CONVICTION UNDER ARTI- CLE 134, UCMJ, WAS BARRED BY THE PREEMPTION DOCTRINE BECAUSE THE MISCONDUCT IS COVERED BY ARTICLE 120b(c), UCMJ, 10 U.S.C. § 920b(c); AND IF SO, WHAT WOULD BE THE APPROPRIATE REMEDY.

The briefs by both parties were due not later than 20 April 2026.

On 3 April 2026, Appellant submitted a motion to withdraw from appellate review, along with a request to attach Appellant’s 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 and Appellant’s counsel on 31 March 2026.

The Government did not file a response.

Accordingly, it is by the court on this 8th day of April, 2026, ORDERED: Appellant’s Motion to Withdraw from Appellate Review and Attach 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.).

It is further ordered: United States v. Polly, No. ACM 40709

The court’s order of 27 March 2026 is hereby rescinded.

FOR THE COURT

CAROL K. JOYCE Clerk of the Court