United States v. Martin

BAUM, Senior Judge:. Appellant asserts that two prosecution exhibits were improperly admitted in evidence over defense objection during the presentencing stage of the proceedings. The exhibits, page 13’s from appellant’s service record, reflect preservice use of drugs, a categorical rejection by appellant of their future abuse, and a recruiting waiver of their prior use enabling appellant to enlist. Trial counsel referred to these exhibits in *883his argument on sentence as indicating that appellant could not be trusted since he broke his promise “of never using drugs again” by possessing…