United States v. Tyhurst

DECISION UPON FURTHER REVIEW

In United States v. Reichenbach, 29 M.J. 128 (C.M.A.1989), the Court of Military Appeals clarified the manner in which military authorities might prosecute so-called “designer” or “boutique” drugs. In light of the guidance contained in Reichenbach, the Court of Military Appeals, 29 M.J. 324, has returned the present case to us.1 Essentially, the higher court concluded in its review of this appellant’s case that: (a) we were correct in dismissing Specification 2 of the Additional Charge (use of so-called ECSTASY); but (b) we erred in completely dismissing…