United States v. Kosek

OPINION OF THE COURT

SNYDER, Senior Judge:

The United States has filed a timely appeal pursuant to Article 62, UCMJ, 10 U.S.C. § 862 (1988), asserting the military judge erroneously excluded evidence in this case. Upon review of the parties’ very able briefs, and the record, we conclude the military judge erred and reverse.

I. FACTS

The military judge determined the essential facts as follows:

1. By 4 June 1993 OSI Special Agents [D] and [M] learned from the accused’s roommate that the accused was possibly *985using cocaine, that he had taken the train to New York City to obtain cocaine and that he…