United States v. Gladdis

OPINION OF THE COURT ON FURTHER REVIEW

GARN, Judge:

The Court of Military Appeals remanded this case to this Court for consideration of an issue raised by the appellant, for the first time, before that Court. The issue, as framed by the appellant, and now assigned as “error” before this Court, is:

WHETHER THE COURT-MARTIAL LACKED JURISDICTION OVER CHARGE II AND ITS SPECIFICATIONS (WRONGFUL POSSESSION AND USE OF HEROIN) BECAUSE THE APPELLANT HAD RECEIVED REGULATORY EXEMPTION FROM PROSECUTION.

The appellant argues that the court-martial lacked jurisdiction to try him for the use and possession…