United States v. Graham

OPINION OF THE COURT

MORGAN, C. H., II, Judge:

In 1992 appellant was tried and acquitted of unlawful use of marijuana based upon a positive urinalysis. At that trial he presented an unknowing ingestion defense, putting on a civilian who claimed to have laced a birthday cake with marijuana. Less than four years later, appellant again tested positive for marijuana and was again tried. This time he was convicted by a general court-martial consisting of members, who sentenced him to a bad-conduct discharge, confinement for six months, and reduction to E-4. He appeals, asserting five errors, only…