United States v. Taylor

Opinion of the Court

CRAWFORD, Judge.

Contrary to his pleas, appellant was convicted of wrongful use of marijuana, in violation of Article 112aj Uniform Code of Military Justice, 10 USC § 912a. The convening authority approved the sentence of a bad-conduct discharge, 45 days’ hard labor without confinement,1 and reduction to the lowest enlisted grade. The Court of Military Review affirmed the findings and sentence in an unpublished opinion. We granted review on the following issue:

WHETHER APPELLANT’S COMMAND CONDUCTED A SUBTERFUGE SEARCH WHEN SEIZING APPELLANT’S URINE WHICH WAS PURPORTEDLY…