United States v. Sponseller

DECISION UPON RECONSIDERATION

Upon original review of the record of trial in this case, this Court, by its decision dated 16 September 1980, 10 M.J. 775, affirmed the findings of guilty and the sentence. On 22 October 1980, by a divided court, we granted a motion by appellate defense counsel to reconsider our decision and specified two additional issues.

Appellate defense counsel in their initial brief and in the motion for reconsideration argue that the military judge erred in not *784instructing on the defense of agency as to certain sale offenses. In their brief in response to specified issues,…