United States v. ZupkofsKa

OPINION OF THE COURT UPON RECONSIDERATION

RIVES, Judge:

When a criminal investigator tells a suspect that marijuana charges will not be preferred if he cooperates in a cocaine investigation, is the convening authority thereafter precluded from preferring such charges? Under the facts of this case, our answer is “no.”

Our original, unpublished opinion in this case, United States v. Zupkofska, ACM 29175, 1991 WL 210665 (A.F.C.M.R. 30 September 1991), included a citation to United States v. Kimble, 30 M.J. 892 (A.F.C.M.R. 1990). Unbeknown to us at the time we released our opinion, the Court of…