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Legal Opinion

United States v. Pompey

U S Air Force Court of Military Review

Decided December 21, 1990No. ACM 28219PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

O’BRIEN, Chief Judge:

This is another sad case of an outstanding performer, caught in a unit “sweep” urinalysis. He pleaded guilty to a one-time use of cocaine, was convicted, and was sentenced to a bad conduct discharge, total forfeitures, and confinement for one month.

Two issues concern us today. First, piercing through the confusion in the proper application of various labels of “command directed” and “inspection,” we find the process through which appellant’s sample was collected to have been a lawful inspection. Second, we hold that the commander was not relieved of…

2Cases cited8 opinions

  1. United States v. OhrtUnited States Court of Military Appeals · 1989
  2. United States v. HornerUnited States Court of Military Appeals · 1986
  3. United States v. BickelUnited States Court of Military Appeals · 1990
  4. United States v. AurichUnited States Court of Military Appeals · 1990
  5. United States v. CherryUnited States Court of Military Appeals · 1990

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. United States v. PompeyUnited States Court of Military Appeals · 1991
  2. United States v. StreetmanUnited States Air Force Court of Criminal Appeals · 1995
  3. United States v. BishUnited States Air Force Court of Criminal Appeals · 2001
  4. United States v. DavisUnited States Air Force Court of Criminal Appeals · 2001
  5. United States v. St. RomainU S Air Force Court of Military Review · 1991

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