United States v. Mirandes-Gonzalez

SULLIVAN, Judge

(concurring in the result):

I agree with the result reached by Judge Cox in this case. I note, however, that the Supreme Court expressly recognized in Huddleston v. United States, — U.S. -, 108 S.Ct. 1496, 1501 n. 6, 99 L.Ed.2d 771 (1988), “that the strength of the evidence establishing the similar act is one of the factors the court may consider when conducting the Rule 403 balancing.” See United States v. Mann, 26 M.J. 1, 5 (C.M. A.1988).