United States v. Philpot

U NITED S TATES A IR F ORCE C OURT OF C RIMINAL APPEALS UNITED STATES ) No. ACM 40751 Appellee ) ) v. ) ) ORDER Robert A. PHILPOT III ) Airman First Class (E-3) ) U.S. Air Force ) Appellant ) Panel 1 On 13 April 2026, Appellant submitted a motion to withdraw from appel- late 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 on 10 April 2026 and Appellant’s counsel on 13 April 2026.

The Government did not file a response.

Accordingly, it is by the court on this 17th 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.).

FOR THE COURT

AGNIESZKA M. GAERTNER, Capt, USAF Commissioner IN THE UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS UNITED STATES ) MOTION TO WITHDRAW FROM Appellee, ) APPELLATE REVIEW AND ) MOTION TO ATTACH ) v. ) Before Panel No. 1 ) Airman First Class (E-3), ) No. ACM 40751 Robert A. PHILPOTT, III, ) United States Air Force, ) April 13, 2026 Appellant. ) TO THE HONORABLE, THE JUDGES OF THE UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS: Pursuant to Rule 16 of this Honorable Court’s Rules of Practice and Procedure, and Rule for Courts-Martial (R.C.M.) 1115, Appellant hereby moves to withdraw his case from appellate review.

Appellant has fully consulted with Maj Trevor N. Ward, his appellate defense counsel, regarding this motion to withdraw. No person has compelled, coerced, or induced Appellant by force, promises of clemency, or otherwise to withdraw his case from appellate review.

Further, pursuant to Rules 23(b) and 23.3(b) of this Honorable Court’s Rules of Practice and Procedure, undersigned counsel asks this Court to attach the two-page document appended to this pleading to Appellant’s Record of Trial. The appended document is a Department of Defense Form 2330, signed by Appellant and undersigned counsel. The appended document is necessary to comply with R.C.M. 1115(d) and Rule 16.1 of this Honorable Court’s Rules of Practice and Procedure.

WHEREFORE, Appellant respectfully requests that this Honorable Court grant the above captioned motion to withdraw from appellate review and likewise grant his request to attach matters to the record.

Respectfully submitted,

TREVOR N. WARD, Maj, USAF Appellate Defense Counsel Air Force Appellate Defense Division United States Air Force (240) 612-2807

CERTIFICATE OF FILING AND SERVICE I certify that the original and copies of the foregoing were sent via email to the Court and served on the Government Trial and Appellate Operations Division on April 13, 2026.

Respectfully submitted,

TREVOR N. WARD, Maj, USAF Appellate Defense Counsel Air Force Appellate Defense Division United States Air Force (240) 612-2807

ATTACHMENT 20260413