United States v. Private First Class OLANREWAJU O. DAIRO

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

MULLIGAN, Senior Judge:

Appellee stands charged with the sexual assault of a child between the age of twelve and sixteen in violation of Article 120, Uniform Code of Military Justice, 10 U.S.C. § 920 (2012) [hereinafter UCMJ]. The United States filed a timely appeal with this court pursuant to Article 62, UCMJ, contending the military judge abused his discretion in excluding evidence under Military Rule of Evidence [hereinafter Mil. R. Evid] 404(b).

In broad terms, the…