Legal Opinion · Concurring in part, dissenting in part

United States v. Torrence

U S Coast Guard Court of Military Review

Decided July 5, 1977No. CGCMS 23332; Docket No. 807Published

1Concurring in part, dissenting in partMaguire, Judge

My disagreement with the majority here is only with respect to the affirmance of the conviction on the specification and charge involving possession of cocaine. I concur with the dismissal of the reckless driving specification and the affirmance of the findings as to wrongful appropriation of the government vehicle and drunken driving. (I would of course accordingly adjust the sentence, but the “how” is unimportant.)

If it were not superfluous to what I consider fundamental here I would have to reflect more on the court’s application of the seven tests seen to reinforce the witness Whipple’s…

2Cases cited8 opinions

  1. United States v. Lawrence Monroe, United States of America v. Troy Lee LottCourt of Appeals for the Ninth Circuit · 1977
  2. United States v. Ernest Infelice and Mario GarelliCourt of Appeals for the Seventh Circuit · 1974
  3. United States v. Frances Louise Eddy, United States of America v. Paul Matthew BonannoCourt of Appeals for the Ninth Circuit · 1976
  4. United States v. William Charles Grummel, Jr.Court of Appeals for the Ninth Circuit · 1976
  5. United States v. Joseph Nocar and John PendergastCourt of Appeals for the Seventh Circuit · 1974

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