United States v. Ayala

29. I agree with the majority opinion on the resolution of Issue I. The search here was a border search and, as such, is subject to a well-recognized exception to the requirements of the Fourth Amendment. See, e.g., United States v. Smith, 29 F.3d 270, 274 (7th Cir.1994).

30. I part company, however, with the majority and its resolution of the command-influence issue. On this record and in light of the unrebutted sworn statement of a service-member that there were numerous events indicating command influence, I cannot say that appellant’s approved sentence was free from command influence. I…