United States v. Manuel

32. If the majority want to hold that they will not permit a prosecution based upon a urinalysis where the sample, which has tested positive on three occasions, has been lost through no bad faith by the Government, they should simply say so. The majority (1) apply facts not in the record, (2) reject the history behind the Uniform Code of Military Justice and Manual for Courts-Martial, (3) reject precedent, and (4) fail to apply a harmless-error analysis.

33. It is untenable when a chain of custody is intact, a sample is tested positive three times, and then the sample is lost without any bad…