United States v. Reyes

I dissent from the majority’s decision to dismiss the obstruction of justice charge, but not their decision to affirm the sentence adjudged. My dissent is based on three major considerations: the nature of the victim’s injuries, the knowledge attributable to the appellant concerning the consequences of taking the victim to the hospital, and my belief that United States v. Turner, 33 M.J. 40 (C.M.A.1992) is not dis-positive (i.e., that a charge of obstruction of justice is legally and factually supported by the evidence in this case). My reasoning is explained in the following comments.

I. The…