U NITED S TATES A IR F ORCE
C OURT OF C RIMINAL APPEALS
UNITED STATES ) No. ACM 40311
Appellee )
)
v. )
) ORDER
Codi A. IRVIN )
Airman First Class (E-3) )
U.S. Air Force )
Appellant ) Panel 1
On 27 April 2023, Appellant’s counsel submitted a Motion to Examine
Sealed Material, requesting permission for appellate counsel for the Appellant
and the Government to examine Prosecution Exhibit 1 and its attachments,
the stipulation of fact. Upon this court’s initial review of the record, it discov-
ered Prosecution Exhibit 1 and its attachments were ordered sealed by the
military judge at trial but were not sealed in the record of trial filed with the
court. On 1 May 2023, the court granted Appellant’s Motion to Examine Sealed
Material, sealed Prosecution Exhibit 1 in the record retained by the court, and
ordered the Government to retrieve and destroy any unauthorized copies.
Upon further review of the record, it was discovered that Attachments 2
and 3 of Prosecution Exhibit 1 were not appended to the exhibit. Attachment
2 is identified as “Child Pornography – six video files (1 disc),” and Attachment
3 is identified as “Aggravation Evidence – four picture files (1 disc).” Both at-
tachments are missing from the record.
Accordingly, it is by the court on this 12th day of May, 2023,
ORDERED:
The record of trial in Appellant’s case is returned to the Chief Trial Judge,
Air Force Trial Judiciary, for correction under R.C.M. 1112(d) to account for
Prosecution Exhibit 1, and any other portion of the record that is determined
to be missing or defective hereafter, after consultation with the parties. See
Article 66(g), UCMJ,
10 U.S.C. § 866(g); R.C.M. 1112(d)(2)–(3). Thereafter, the
record of trial will be returned to this court for completion of its appellate re-
view under Article 66(d), UCMJ,
10 U.S.C. § 866(d).
United States v. Irvin, No. ACM 40311
The record of trial will be returned to the court not later than 5 June 2023.
If the record cannot be returned to the court by that date, the Government will
inform the court in writing not later than 23 May 2023 of the status of the
Government’s compliance with this order.
FOR THE COURT
FLEMING E. KEEFE, Capt, USAF
Deputy Clerk of the Court
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