United States v. Ray

DECISION

HODGSON, Chief Judge:

On 28 May 1986, the appellant was apprehended at Seymour Johnson Air Force Base, North Carolina by agents of the Office of Special Investigations (OSI) for distributing cocaine to an Air Force member on 17 April and 21 May 1986.1

At the time of his apprehension, the appellant was on appellate leave following his general court-martial conviction in January 1985, for earlier drug-related offenses. Article 76a, U.C.M.J., 10 U.S.C. § 876a; Air Force Regulation 111-1, Military Justice Guide, 1 August 1984, para. 15-1 et seq.

At trial the appellant moved to dismiss the…