United States v. DeStefano

OPINION OF THE COURT

JONES, Senior Judge:

This case concerns the jurisdiction of the " Army to try an officer for his off-post, off-duty conduct in possessing and using marihuana with enlisted persons of his unit. Also included are questions of illegal pretrial confinement and the disqualification of the convening authority.

Over a six month period the appellant, a second lieutenant in a military police unit at Aberdeen Proving Ground, Maryland, allegedly joined in pot smoking sessions with soldiers of his organization. The sessions occurred off-post. Another military police officer and a few…