U.S. Army Court of Military Review February 25, 1982, CM 440672 (United States v. Ali)

FOREMAN, Judge,

concurring in the result:

I do not agree that the statement which Private First Class Mitchell gave to Captain Hall was “in the possession of the United States” within the meaning of the Jencks Act.

The Jencks Act applies only to materials in the possession of the prosecutorial arm of the United States.