The United States Air Force Court of Criminal Appeals has granted Staff Sergeant Andrew Lopez's motion to withdraw from appellate review in his case, No. ACM 40874. This decision, issued on November 6, 2026, allows Lopez to step away from the appellate process following his request. The ruling affects Lopez specifically, but it also reflects the procedural rights of service members in military justice.

This case matters because it highlights the rights of military personnel to withdraw from appeals, which can be a significant decision in the context of military law. The outcome may influence how other service members approach their own appellate rights in the future.

Background

Andrew Lopez is a Staff Sergeant in the U.S. Air Force who was involved in a legal proceeding subject to appellate review. The details of the original case were not provided in the court filing, but it is clear that Lopez sought to withdraw from the appellate process. On November 3, 2026, Lopez submitted a motion to the court requesting to withdraw from appellate review. Along with this motion, he included a signed DD Form 2330, which is a formal document indicating a waiver of appellate rights in military courts.

The government did not file a response to Lopez's motion, which is often the case in such proceedings when the government does not contest the request. The absence of a government response can sometimes indicate that the request is unopposed or that the government is willing to allow the service member to withdraw.

The Ruling

The court ruled on November 6, 2026, granting Lopez's motion to withdraw from appellate review. The ruling emphasized that the case would now be forwarded to the Appellate Records Branch for further processing in accordance with the established military rules. Specifically, the court referenced Rules for Courts-Martial 1115(f)(3) and 1201, which govern the procedures for handling appellate cases in military courts.

The court ordered, "Appellant’s Motion to Withdraw from Appellate Review and Attach is GRANTED." This statement confirms the court's decision to allow Lopez to withdraw his appeal.

Captain Jacob B. Hoeferkamp, who served as the Chief Commissioner for the court, oversaw the ruling. The decision reflects the court's adherence to military law and the rights afforded to service members under the Uniform Code of Military Justice.

Impact

This ruling has implications for other service members navigating the military justice system. It reinforces the notion that service members have the right to withdraw from appellate processes if they choose to do so. Such a decision can stem from various reasons, including personal considerations or the desire to move on from a legal situation.

Moreover, this case may set a precedent for how similar motions are handled in the future. It demonstrates that the military courts are willing to respect the decisions of service members regarding their appellate rights, which can lead to a more streamlined process for those who wish to withdraw.

What's Next

Details were not available in the court filing regarding whether Lopez plans to pursue any further legal action or if there are related cases pending. However, as the appellate review has been withdrawn, Lopez's case will now proceed according to the standard procedures for cases that have completed the appellate process.