Legal Opinion · Dissent

United States v. Heil

U.S. Army Court of Military Review

Decided March 31, 1978No. CM 436350Published

1DissentClausen, Chief Judge

I believe that the sale of marihuana committed by appellant was service connected, and I would affirm his conviction.

This case is significantly different from United States v. Alef, 3 M.J. 414 (C.M.A. 1977). In this case, unlike AM, the initial negotiations for the sale took place on post. The analysis employed by the majority has the result of allowing a drug pusher to defeat court-martial jurisdiction by conducting his on-post drug dealings through an intermediary. Even disregarding Pittman’s hearsay statement that appellant was the owner of the marihuana in question, I find sufficient…

2Cases cited2 opinions

  1. United States v. AlefUnited States Court of Military Appeals · 1977
  2. United States v. SpringerU S Air Force Court of Military Review · 1978

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