On November 1st I wrote of the peculiar case the Air Force was preparing to appeal. At the eleventh hour it appears wiser heads prevailed and the appeal as been withdrawn :
From: Bruce, Gerald R., CIV USAF AFLOA/JAJG
Sent: Wednesday, November 09, 2011 7:33 AM
To: Lucas, Steven CIV USAF AF/JAH
Cc: AF/JAH Filing Workflow; AFLOA/JAJG Filing Workflow; AFLOA/JAJA Filing Workflow; Christensen, Donald M Col MIL USAF AFLOA/JAJG; Letendre, Linell Lt Col USAF AFLOA/JAJG; Didomenico, Lauren N Maj USAF AFLOA/JAJG
Subject: Decision to Not Appeal, US v. Burke, Misc. Dkt. No. 2011-08Good morning Mr. Lucas
IAW R.C.M. 908(b)(8) and Rule 21.1(b) of the Court’s Rules, the United States hereby notifies the Court that JAJG has decided to not file an Article 62 appeal in United States v. Burke, Misc. Dkt. No. 2011-08. IAW Rule 21.1(b) of the Rules, we request return of the original record of trial to JAJM so that it can be returned to the base. Please let us know if you need additional information.
GERALD R. BRUCE
Associate Division Chief/ Senior Appellate
Government Counsel (JAJG)
Air Force Legal Operations Agency (AFLOA)
Join the conversation as a VIP Member