Legal Opinion · Concurrence

United States v. Lubitz

United States Court of Military Appeals

Decided August 23, 1994No. 66344; CMR No. 89-3935Published

1Concurrence

SULLIVAN, CMef Judge

(concurring):

Evidence was admitted that the substance of the transaction in tMs ease was that appellant bought and then delivered drugs to Mike *169on base on January 11, 1989. Cf. United States v. Dayton, 29 MJ 6, 12 (CMA 1989). He was not a conduit between Burke and Mike but between the Chicago dealer and Mike. I see no lawful distribution in this context. Cf. United States v. Hill, 25 MJ 411 (CMA 1988); United States v. Bretz, 19 MJ 224 (CMA 1985).

2Cases cited3 opinions

  1. United States v. HillUnited States Court of Military Appeals · 1988
  2. United States v. BretzUnited States Court of Military Appeals · 1985
  3. United States v. DaytonUnited States Court of Military Appeals · 1989