United States v. Bassano

DECISION

MICHALSKI, Judge:

A general court-martial with members convicted the appellant, contrary to his pleas, of wrongful use of cocaine and marijuana. The appellant asserted a number of errors. We will only discuss the one from which several others stem. It states:

*662TO THE EXTENT THAT PARAGRAPH 37 OF THE MANUAL FOR COURTS-MARTIAL, 1984, AS IT APPLIES TO ARTICLE 112a OF THE UNIFORM CODE OF MILITARY JUSTICE, ALLOWS THE PROSECUTION TO SHIFT A BURDEN OF PRODUCTION OR PROOF FOR AN ELEMENT OF THE OFFENSE OF WRONGFUL USE OF A CONTROLLED SUBSTANCE TO AN ACCUSED, THAT PARAGRAPH IS UNCONSTITUTIONAL.

The…