Legal Opinion

United States v. Freeman

U.S. Army Court of Military Review

Decided December 16, 1976No. CM 434265PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

COSTELLO, Judge:

Appellant was sentenced as stated above upon his conviction for three sales of LSD in violation of Article 92, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 892. He challenges the jurisdiction of the trial court as to the last two transactions because they occurred off-post. We find that the criminal enterprise upon which appellant embarked had both military and civilian aspects, but that the controlling factors permit the exercise of military jurisdiction. Briefly, we find that the off-post actions were but mechanical parts of a total criminal…

2Cases cited9 opinions

  1. O'Callahan v. ParkerSupreme Court of the United States · 1969
  2. Relford v. Commandant, US Disciplinary Barracks, Fort LeavenworthSupreme Court of the United States · 1971
  3. United States v. McCarthyUnited States Court of Military Appeals · 1976
  4. United States v. BorysUnited States Court of Military Appeals · 1969
  5. Thomas R. Dooley v. Major General Robert R. Ploger, Michael Gnip, Usmc v. Major F. A. McCaughan UsmcCourt of Appeals for the Fourth Circuit · 1974

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. United States v. TrottierU S Air Force Court of Military Review · 1978
  2. United States v. SheffieldU.S. Army Court of Military Review · 1977

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API