United States v. Martino

DECISION

O’HAIR, Judge:

Following pleas of not guilty, the accused was found guilty by a special court-martial of use and possession of marijuana on divers occasions between 30 June 1981 and 1 June 1983, at Presque Isle, Maine; he was found not guilty of use of marijuana between 1 August 1982 and 4 October 1982, at Loring Air Force Base, Maine. The issue before us now, and one which was fully litigated at trial, is an allegation of prosecutorial vindictiveness, since the Government added new specifications only after the accused declined nonjudicial punishment. We find none and affirm.

In…