United States v. Tevelein

This case is before the Court en banc following a request for reconsideration of a panel decision that found the specification alleging use of “Spiee” in violation of Article 134, UCMJ, defective. I agree with the panel that under the circumstances of this case, the specification was defective because it did not allege that the use of “Spice” was wrongful.

As the majority opinion notes, “Spice” “is often marketed as incense or -‘fake weed.’ ” United States v. Tevelein, CGCMS 24465, Docket No. 002-69-13, 75 M.J. 708, 709, 2016 WL 4212357 (C.G.Ct.Crim.App.2016). At the time of Appellant’s…