United States v. Manuel

OPINION OF THE COURT

GRUNICK, Judge:

The Government failed to retain appellant’s reported cocaine positive urine sample. Under the circumstances of this case, the Government’s failure to exercise due diligence, comply with regulatory guidance and preserve a reported positive urine sample denied appellant equal access to all evidence as required by Article 46, UCMJ, 10 U.S.C. § 846. We set aside appellant’s conviction for the use of cocaine.

FACTS

Appellant was selected to provide a urine sample as part of a random urinalysis conducted at Sheppard Air Force Base on 4 October 1991. The sample was…