United States v. Batchelor

DECISION

KASTL, Senior Judge:

Upon mixed pleas, Staff Sergeant Batchelor was convicted of four marijuana-related offenses- by a military judge sitting alone as a special court-martial.

The accused possessed some quantity of marijuana at his off-base apartment on 21 May 1982. He also possessed drug abuse paraphernalia — one yellow metallic smoking pipe containing some residue — on that same date. Both items were found subsequent to a valid search of his apartment based on the accused’s consent.

The accused now argues for the first time that possession of that marijuana (Specification 3 of Charge…