United States v. Hofbauer

OPINION OF THE COURT

O’DONNELL, Judge:

This case involves an almost unbelievably bizarre incident that resulted in all too believable consequences. Late on the night of 27-28 April 1974, two soldiers, Private Lonnie Eaton and Private Thomas White, were returning to Fort Dix after an evening in nearby Wrightstown, New Jersey. As they came upon the military reservation, they detected the odor of marihuana and observed three soldiers smoking in a nearby wooded area. These three soldiers, Private James Jones, Private Terry Bailey, and the appellant, Private Timothy Hofbauer, had likewise just…