United States v. Blanchette

DECISION

HODGSON, Chief Judge:

The principal issue before us is the accused’s assertion that his conviction by general court-martial for various drug offenses * was the result of prosecutorial vindictiveness brought about by his refusal to give a statement to law enforcement officials as to the drug involvement of others. He argues that his right to due process was violated.

I

The question of government misconduct was litigated at trial and was the subject of a special hearing directed by the convening authority to develop the facts and circumstances that resulted in charges being preferred…