United States v. Hathorne

CCA 2011-02. On further consideration of the record in the above-captioned case, the Court has concluded that the *309record does not reflect that Appellant has exhausted available review under Article 69, Uniform Code of Military Justice, 10 U.S.C. § 869 (2006). In that context, Appellant’s present appeal is not ripe. Accordingly, it is ordered that said appeal is hereby dismissed without prejudice to consideration upon further review, if any. Appellee’s motion to dismiss is denied as moot.