United States v. Dillon

DECISION UPON RECONSIDERATION

We granted the accused’s motion to reconsider our earlier unreported affirmance *923of his conviction in light of Edwards v. Arizona, -U.S. -, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981). Having reconsidered, we find that decision is controlling, and that the accused’s confession was taken in violation of his constitutional right to counsel. Thus, we withdraw our earlier decision, set aside the conviction, and order a rehearing.

The accused was apprehended at the apartment of a female enlisted member. The odor of burning marijuana was heavy in the air, and both the accused…