United States v. Staff Sergeant TAHIR L. MUWWAKKIL

OPINION OF THE COURT AND ACTION ON APPEAL BY THE UNITED STATES FILED PURSUANT TO ARTICLE 62, UNIFORM CODE OF MILITARY JUSTICE

KRAUSS, Judge:

Appellee is charged with rape and assault consummated by a battery in violation of Articles 120 and 128, Uniform Code of Military Justice [hereinafter UCMJ], 10 U.S.C. §§ 920, 928 (2012). The United States filed a timely appeal with this court pursuant to Article 62, UCMJ, contending that the military judge abused her discretion by striking the alleged victim’s testimony in its entirety in light of a Jencks Act violation, thus excluding evidence that is…