United States v. Hessler

Opinion

FLETCHER, Chief Judge:

This case is before us for reconsideration at the instance of the appellant. He has asserted that the recitation of certain facts by Judge Cook in his opinion are not supported by the record of trial nor based on any inference which could reasonably be drawn therefrom. I agree that the record of trial does not support the factual conclusion that Lieutenant Hunter heard the sound of a window being opened prior to his entry into this barracks room. Nevertheless, since such a conclusion did not bear on my decision in this case, my opinion and its logic are unaffected…