United States v. Sowell

RITTER, Senior Judge:

This case comes before us on a Government motion for en banc reconsideration of a published decision of this court, United States v. Sowell, 59 M.J. 552 (N.M.Ct.Crim.App.2003)(hereinafter Sowell I). In that decision, after finding the evidence legally and factually sufficient to establish the appellant’s guilt, and concluding that six other assigned errors did not provide any basis for relief, a divided panel of this court set aside the sentence, finding that the military judge abused his discretion in restricting the appellant’s unsworn statement. We granted the…