19 C.M.A. 508 | United States Court of Military Appeals | 1970
Opinion of the Court
Specification 2 of the charge alleges that the accused violated Title 21, § 176 (a) of the United States Code, by smuggling marihuana into the United States. In United States v Beeker, 18 USCMA 563, 565, 40 CMR 275 (1969), we held that in the absence of circumstances “to relate . . . [the offense] spe-dally to the military,” the act was not triable by court-martial.
The United States Navy Court of Military Review was of the opinion that this case was distinguishable from Beeker in that the accused arrived in the United States at a military installation by aircraft chartered by the military. However, the charter did not
The decision of the Court of Military Review as to specification 2 of the charge is reversed. The findings of guilty of the specification are set aside and the specification is ordered dismissed. The record of trial is returned to the Judge Advocate General of the Navy for submission to the Court of Military Review for reassessment of the sentence on the basis of the remaining findings of guilty.