United States v. Foisy

I would not reach the assigned error for the reasons stated in my dissent to United States v. Medina, 68 M.J. 587, 596 (N.M.Ct.Crim.App.2009), rev. granted, 69 M.J. 61 (C.A.A.F.2010). Nonetheless, I fully concur with the majority’s analysis of the evidentia-ry issue. I would set aside the conviction for aggravated sexual assault, dismiss Charge II and its specification, and authorize a rehearing on sentence for the orders violation.