United States v. Quintanilla

I would affirm the findings and sentence in this case. I agree with the majority opinion regarding the sufficiency-of-evidence question (Issue III) and the admission of the expert witness’s testimony (Issue VI). However, I disagree with the majority’s handling of the disqualification issues (Issues I and *86II). In my view, the military judge did not err by choosing not to disqualify himself, nor did the Army Court err by affirming that decision. Additionally, the erroneous instruction (Issue TV) did not constitute plain error, and the “exculpatory” evidence (Issue V) was not material.

In…