United States v. Fenyo

DECISION

ARROWOOD, Judge:

During the sentencing portion of the trial, accused testified that he would like the opportunity to be rehabilitated. His supervisors were called as witnesses. One testified that he believed the accused could be rehabilitated; the other stated that with proper guidance and training the accused would make a very good fireman and military man. To rebut this evidence, the government, over defense objection, was permitted to call a witness who stated that the accused had not been regularly advanced in the drug rehabilitation program. Although no specific reason was given…