United States v. DiMuccio

OPINION OF THE COURT

SMITH, Judge:

The military judge in this case suppressed a positive drug urinalysis test result and a confession by the accused. He concluded the accused was not properly included in a unit urinalysis inspection ordered by the commander of an Arizona Air National Guard (ANG) wing, because, at the time of the inspection, the accused was on active duty and not part of the ANG unit. The government appealed the military judge’s ruling to this Court under Article 62, UCMJ, 10 U.S.C. § 862. We find the military judge’s factual determinations to be supported by the record and his…