United States v. Rodriguez
This text of 17 C.M.A. 54 (United States v. Rodriguez) is published on Counsel Stack Legal Research, covering United States Court of Military Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Opinion of the Court
Appellant pleaded guilty to, and was convicted of, wrongful possession, sale, and use of marihuana, in violation of Article 134, Uniform Code of Military Justice, 10 USC § 934. As approved, his sentence includes a dishonorable discharge and confinement at hard labor for five years.
During the sentence proceedings, the court-martial was informed that smoking marihuana was “an old thing” for the accused because he had been doing it since he was twelve years of age and “everybody seems to do it where he comes from.” No instruction was given as to the limited purpose for which the court could consider the evidence of offenses not charged. The omission was error. United States v Gewin, 14 USCMA 224, 34 CMR 4; United States v Turner, 16 USCMA 80, 36 CMR 236. Although the sentence imposed by the court-martial was reduced by the convening authority on the initial review, the effect of the instructional error on the sentence was not considered. Corrective action, therefore, is still required. Cf. United States v Peters, 8 USCMA 520, 25 CMR 24.
The decision of the board of review as to the sentence is reversed. The record of trial is returned to the Judge Advocate General of the Air Force for submission to the board of review for reconsideration of the sentence, in light of this opinion.
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Cite This Page — Counsel Stack
17 C.M.A. 54, 17 USCMA 54, 37 C.M.R. 318, 1967 CMA LEXIS 295, 1967 WL 4254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rodriguez-cma-1967.