United States v. Tevelein

I stand by the rationale provided in this Court’s original unpublished opinion, decided on 06 September 2013. United States v. Tevelein, CGCMS 24465, Docket No. 002-69-13 (C.G.Ct.Crim.App.2013) [hereinafter Tevelein I]. In this en banc opinion, the majority reverses the original panel opinion of this Court and instead holds the Specification 3 of Charge III sufficient, despite omission of any *715words alleging the conduct “wrongful,” and barely discusses that use of Spice was not prohibited by any lawful order, regulation, or statute at the time of the alleged offense. Moreover, in order to…