United States v. Pieragowski

Opinion of the Court

Specification 2 of the charge alleges that the accused violated Title 21, § 176 (a) of the United States Code, by smuggling marihuana into the United States. In United States v Beeker, 18 USCMA 563, 565, 40 CMR 275 (1969), we held that in the absence of circumstances “to relate . . . [the offense] spe-dally to the military,” the act was not triable by court-martial.

The United States Navy Court of Military Review was of the opinion that this case was distinguishable from Beeker in that the accused arrived in the United States at a military installation by aircraft chartered…