United States v. Rodriguez

Opinion of the Court

Appellant pleaded guilty to, and was convicted of, wrongful possession, sale, and use of marihuana, in violation of Article 134, Uniform Code of Military Justice, 10 USC § 934. As approved, his sentence includes a dishonorable discharge and confinement at hard labor for five years.

During the sentence proceedings, the court-martial was informed that smoking marihuana was “an old thing” for the accused because he had been doing it since he was twelve years of age and “everybody seems to do it where he comes from.” No instruction was given as to the limited purpose for which…