Legal Opinion · Concurrence

United States v. Wright

U.S. Army Court of Military Review

Decided December 30, 1976No. CM 435056Published

1ConcurrenceFelder, Judge

I dissented in United States v. Eggleston, 2 M.J. 1066 (A.C.M.R. 13 December 1976), because there was no evidence in the record that the appellant used either his rank as staff sergeant or his position as a supply sergeant to foster the distribution of contraband to a fellow soldier. This case is factually different from Eggleston and does not compel the same result, when a thorough analysis is made of the Relford1 jurisdictional criteria. United States v. Moore, 24 U.S.C.M.A. 293, 295, 52 C.M.R. 4, 6, 1 M.J. 448 (1976); see United States v. McCarthy, 25 U.S.C.M.A. 30, 33, 54 C.M.R. 30, 33, 2…

2Cases cited5 opinions

  1. Relford v. Commandant, US Disciplinary Barracks, Fort LeavenworthSupreme Court of the United States · 1971
  2. United States v. McCarthyUnited States Court of Military Appeals · 1976
  3. United States v. MooreUnited States Court of Military Appeals · 1976
  4. United States v. EgglestonU.S. Army Court of Military Review · 1976
  5. United States v. JohnsonU.S. Army Court of Military Review · 1976

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