Legal Opinion · Dissent

United States v. Pacheco

Court of Appeals for the Armed Forces

Decided September 28, 2001No. 00-0346; Crim.App. No. 9500002Published

1DissentSullivan, Judge

Two questions are raised in this case. First, was the evidence legally sufficient to support appellant’s conviction for stealing a “Desert Eagle pistol,” which was “property of the Government of Haiti?” Second, was the evidence legally sufficient to support his conviction for dereliction of his duty to ensure “the security of military weapons of the Government of Haiti, in custody of U.S. forces?”

The evidence in this case showed that appellant retrieved a Desert Eagle pistol from a secured weapons bunker and gave it to another soldier, PVT Mangold. However, overwhelming evidence also…

2Cases cited7 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Rewis v. United StatesSupreme Court of the United States · 1971
  3. Dunn v. United StatesSupreme Court of the United States · 1979
  4. United States v. NewCourt of Appeals for the Armed Forces · 2001
  5. United States v. RileyCourt of Appeals for the Armed Forces · 1999

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