United States v. Thomas

DeCICCO, Senior Judge:

We hold in this case that trial counsel’s references to the Navy’s zero-tolerance policy toward drug abuse that were made during voir dire and his argument on sentence were improper, and that such comments constituted error, but that in light of the lack of objection by defense counsel, we must examine the case for plain error. Under the circumstances of this case, we do not find plain error and affirm.

Facts

The appellant pled guilty to an unauthorized absence of about 17 months and the wrongful use of marijuana in violation of Articles 86 and 112a, Uniform Code of…