United States v. Jones

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

SCHENCK, Senior Judge:

The government’s timely appeal under Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862 [hereinafter UCMJ], is hereby granted. The military judge’s decision to suppress the trial testimony of Specialist (SPC) Fernando Carrillo is vacated.

FACTS

Appellee was charged with conspiring with SPC Carrillo to import marijuana from Tijuana, Mexico, possessing ninety-six ounces of marijuana with intent to distribute, and importing ninety-six ounces…