United States v. Loukas

DECISION UPON RECONSIDERATION

LEWIS, Senior Judge:

At the suggestion of appellate government counsel we have reconsidered en banc the prior Panel decision in this case. United States v. Loukas, 27 M.J. 788 (A.F. C.M.R.1988). Therein, the Panel concluded that the military judge erred in denying motions to suppress two separate inculpatory pretrial statements by the appellant and the results of a urinalysis. These errors were found to be prejudicial. The findings of guilty (incapacitation for duty through prior wrongful indulgence in drugs and wrongful use of cocaine) and sentence were set aside…