United States v. Kabelka

DECISION

HODGSON, Chief Judge:

The appellant was convicted by a general court-martial, pursuant to his guilty pleas, of two specifications of possession of marijuana in violation of Article 112a, UCMJ, 10 U.S.C. § 912a. He was sentenced by members to a dismissal, confinement for six months, and forfeiture of $1,263 per month for six months.

Prior to entering pleas, the appellant moved to suppress marijuana residue that was found in his on-base quarters pursuant to a search authorized by the base commander. The marijuana seized was- the basis for Specification 2 of the Charge. The military judge…