United States v. Lewis

DECISION

STEWART, Judge:

The accused, tried by military judge alone, was found guilty of stealing a .38 caliber pistol, making a false statement under oath, and carrying a concealed handgun, in violation of Articles 121 and 134, U.C.M.J., 10 U.S.C. §§ 921, 934. He plead*509ed guilty conditioned upon preserving the following assignment of error:

THE MILITARY JUDGE ERRED IN DENYING THE MOTION OF THE TRIAL DEFENSE COUNSEL TO SUPPRESS EVIDENCE UNDER M.R.E. 304, 305(e) and 305(g)(2) AND R.C.M. 905(b)(3).

In early October 1985 the Office of Special Investigations (OSI) at Dover Air Force Base was informed…