United States v. Carter

OPINION

KASTL, Senior Judge:

The Government has appealed three of the military judge’s rulings in this case under Article 62, UCMJ, 10 U.S.C. § 862. We uphold the judge’s rulings.

Factual Setting

On 4 December 1989, the Air Force Office of Special Investigations [OSI] at Norton Air Force Base, California, received a phone call from Airman First Class Eleanor Aguon. She related that Airman Jackson, the accused, had called her recently and claimed that he and his roommate had “gotten high” the previous weekend. No specific drug was mentioned.

She subsequently provided a sworn statement. Airman Aguon…