United States v. Brace

DECISION

We find court-martial jurisdiction over accused’s off base use and possession of marijuana despite defense claims of lack of subject matter jurisdiction.

Consistent with his pleas, the accused was convicted of possession of marijuana with intent to distribute in violation of 21 U.S.C. 841 A and use of marijuana, both offenses being violations of Article 134, 10 U.S.C.A. § 934, Uniform Code of Military Justice. The approved sentence extends to a bad conduct discharge, confinement at hard labor for 18 months, forfeiture of all pay and allowances and reduction to airman basic.

At trial,…