United States v. Donohue

DECISION

KASTL, Senior Judge:

During presentencing proceedings, it is clear that the prosecution may now offer relevant material from the commander’s or supervisor’s Personnel Information File (PIF). See Air Force Regulation 111-1, Military Justice Guide, paragraph IS — 4b(1) (30 September 1988). The regulation provides that relevant material is admissible if:(b) There is some evidence on the document or attached thereto that:

1. The accused received a copy of the correspondence ...; and

2. The accused had the opportunity to respond to the allegation.

(Emphasis added).

The issue before us is this:…