United States v. Breen

OPINION OF THE COURT ON PETITION FOR EXTRAORDINARY RELIEF IN THE NATURE OF MANDAMUS.

GLADIS, Judge:

The United States has petitioned this Court to issue an order overturning the respondent military judge’s ruling in the special court-martial case of United States v. Honeycutt, which the Government characterizes as a finding that Rule 313 of the Military Rules of Evidence (MRE) is unconstitutional. Noting that the respondent did not declare Rule 313 to be unconstitutional and finding no grounds for extraordinary relief in this case, we deny the petition.

More than five pounds of marijuana were…