United States v. Lange

The only difference between the jurisdictional facts of the instant case and those of its companion, United States v. Brace, 11 M.J. 794, (A.F.C.M.R. 1981), is that here, in addition to the facts of Brace, evidence was admitted which established that the accused was at the time of the alleged offense a participant in a base drug rehabilitation program.

In my opinion, admission of evidence concerning the accused’s participation in such a drug rehabilitation program constituted clear error.1 Nevertheless, the rationale expressed in United States v. Brace, supra, convinces me that, even without…