United States v. Anderson

DECISION

MILES, Judge:

We hold that one of the enlisted members of accused’s court-martial panel was a member of accused’s unit for purposes of *804Article 25(c), Uniform Code of Military Justice, 10 U.S.C. § 825(c). As a result, the court-martial panel which tried the accused was jurisdictionally defective.

Contrary to his pleas, the accused was convicted by a special court-martial, which included officers and enlisted members, of attempted transfer of mescaline and transfer of cocaine and marijuana in violation of Articles 80 and 134, 10 U.S.C. §§ 880, 934, Code, supra.

At the time of trial, the…