United States v. Rodriguez

Because I view this court’s precedent in United States v. Walters, 58 M.J. 391 (C.A.AF.2003), and United States v. Seider, 60 M.J. 36 (C.A.A.F.2004), as controlling in this case, I respectfully dissent.

This case presents a slight variation on the principle established in Walters. In both Walters and this case the appellants had been charged with wrongful use of drugs on divers occasions. See 58 M.J. at 392. In Walters the members of the panel issued a general verdict, by exceptions and substitutions, finding him guilty of one unidentified occasion and not guilty of “divers occasions.” 58 M.J.…