United States v. Amerine

17 M.J. 947, 1984 CMR LEXIS 4675
CourtU S Air Force Court of Military Review
DecidedFebruary 23, 1984
DocketACM 24020
StatusPublished
Cited by5 cases

This text of 17 M.J. 947 (United States v. Amerine) is published on Counsel Stack Legal Research, covering U S Air Force Court of Military Review primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Amerine, 17 M.J. 947, 1984 CMR LEXIS 4675 (usafctmilrev 1984).

Opinion

DECISION

HODGSON, Chief Judge:

This case involves an attempt by the accused to possess approximately 14,855 grams of methamphetamines and a conspiracy to introduce the contraband onto Yoko-ta Air Base, Japan. His conviction for the above offense resulted in an approved sentence extending to a dishonorable discharge, three years confinement at hard labor, forfeiture of $300.00 per month for three years, and reduction to airman basic.

I

In a somewhat tortuous manner the evidence at trial developed the following facts. Airman Basic Page, who testified under a grant of immunity, indicated that while he was at the Osan Air Base passenger terminal he was approached by Anthony Bridgeport, a retired Air Force master sergeant who was living in Korea, and asked to deliver a box to Yokota Air Base. This conversation occurred on 21 or 22 December 1981. Page, who was acquainted with Bridgeport and considered him a “friend and drinking partner,” agreed to take the package. However, when requested by the security police to open it, Page refused and was not permitted to board the aircraft.

Previously, Bridgeport had told Page if he was unable to get the package on the aircraft, he was to deliver it to a Sergeant Nuby which Page did. Nuby was in his barrack’s room and expecting the package. Page returned to the terminal and boarded the aircraft on which Bridgeport was also a passenger. During the flight Bridgeport offered Page $1,000.00 to take the package to Yokota. Page understood the package to contain leather jackets. The package that Page attempted to ship was addressed to “Major Welch”, a name that Bridgeport suggested to Page. Page stated that he did not know the accused and never discussed the accused with either Bridgeport or Nuby. He did not know for whom the package was intended.

Staff Sergeant Welz is a crew member who makes periodic flights between Japan and Korea. During the evening of 21 December 1981, when Welz was at Yokota Air Base, the accused called and asked if he was returning to Osan; Welz said he was, and the accused asked him to pick up a package for him from Sergeant Nuby who worked at Osan base operations. Welz agreed to do this, and upon his arrival at Osan was contacted by Nuby and went to his room in the barracks. There Nuby removed a package from a locked wall locker and gave it to Welz. The parcel was approximately two feet high, three feet long, and 10 inches wide; it was covered with manila wrapping [949]*949paper and sealed with a yellow plastic band around each side. Although Nuby indicated the package contained a “Korean cabinet,” Welz became suspicious because the parcel was too heavy and not the right size for a cabinet. He opened the package and found a vinyl Korean suitcase. Inside the suitcase were plastic bags containing a white substance that “looked like crushed up rock salt or powder.” Welz called his aircraft commander who in turn notified the Office of Special Investigations (OSI). The substance was approximately 30 pounds of methamphetamines. It was replaced with sugar and taken to the aircraft.

When Welz arrived at Yokota he went to the squadron area where the accused was waiting. Welz gave the accused the package and remarked “it’s pretty heavy,” and the accused replied “it’s worth a lot of money.” As the accused was leaving the base he was apprehended. A search of the car disclosed a parcel with 40 pounds of sugar in the trunk, and a business card with “Anthony J. Bridgeport” printed on it was found in the accused’s wallet.

Thaddeus L. McNeil is a civilian who was formerly stationed at Yokota Air Base in the accused’s squadron. He is also acquainted with Bridgeport and Nuby who he knew from Little Rock Air Force Base. On 21 June 1981, McNeil and the accused were on a training flight to Korea. As a favor for Bridgeport, McNeil was to bring some computer components from Korea back to Japan. He and the accused picked up the box at a sweater shop just outside of Osan Air Base. The box was covered with brown wrapping paper with a yellow band along the sides. The parcel was put aboard the aircraft — apparently by the accused.

After they arrived at Yokota they took the package to McNeil’s house where they opened it. Inside the box was a black brief case containing plastic bags with what looked like “rock salt.” The accused tasted the substance and immediately spit it out, saying it was “junk” which McNeil understood to be a street term for narcotics.1 The accused took the contents of the package to a girl friend’s house. Later Bridgeport asked McNeil about the package and was told that the accused had it. In July or August the accused indicated he had been offered $50,000.00 for the box.

The accused testified that he thought the box in his car trunk contained brassware which was a Christmas present for his wife. He stated the arrangements were made by a friend who has been discharged from the Air Force and whom he cannot now locate. He maintained he did not know Nuby and had only spoken with him on the phone about the brassware. He knows Bridgeport through McNeil who he considers to be unstable. He denied ever discussing drug activity with Bridgeport, McNeil, Nuby or Page. He denied opening the package McNeil brought from Korea. He stated he met Bridgeport only once; at that time, Bridgeport gave him a business card that he put in his wallet without thinking.

Appellate defense counsel have asserted ten assignments of error. Those which warrant comment are discussed below.

II

The accused argues he was denied his right to a speedy trial. To properly assess this assertion it is necessary to relate in some detail the key events that began with his arrest in December 1981, and culminated with his conviction in April 1983.

23 December 1981 Accused apprehended.
24 December 1981 Accused placed in pretrial confinement.
30 December 1981 Charges preferred for drug abuse [Articles 80, 81, and 134, U.C.M.J.]
11 January 1982 Accused released from pretrial confinement and restricted to the base.
15 January 1982 Request by accused for speedy trial.
27 January 1982 Charges against accused withdrawn and restriction ended.
25 March 1982 Administrative discharge proceedings initiated against accused based on allegations unrelated to the withdrawn charges.
[950]*95027 July 1982 Administrative discharge proceedings withdrawn.
3 August 1982 Airman Basic Page given immunity by the Commander, 5th Air Force.
8 September 1982 Charges preferred for the drug offense under review [Articles 80 and 81, U.C.M.J.]
13 September 1982 Accused requests delay in Article 32 Investigation until 29 or 30 September 1982.
28 September 1982 Article 32 Investigation conducted.
30 September 1982 Investigating Officer’s report completed.
21 October 1982 Referral to trial with a trial date of 28 October 1982.
26 October 1982 Accused requests trial delay until 1 December 1982.
10 December 1982 39a session.

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Cite This Page — Counsel Stack

Bluebook (online)
17 M.J. 947, 1984 CMR LEXIS 4675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-amerine-usafctmilrev-1984.