United States v. Cruz

25 M.J. 326 (1987)

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United States v. Cruz

United States Court of Military Appeals
25 M.J. 326 (1987)

Facts

Approximately 40 soldiers in a battalion at Pinder Barracks, Federal Republic of Germany failed drug tests. In response, Colonel Leslie E. Beavers, the installation commander, decided to publicly shame the suspected drug users. Beavers called a mass formation of approximately 1,200 soldiers. The 40 suspects, including Sergeant Juan C. Cruz (defendant), were called out of the formation, and led to a platform where Beavers was speaking. The suspects were stripped of their unit crests and then saluted Beavers, who did not return their salutes. The suspects were marched as a group to an adjacent site where, in full view of the soldiers still in formation, they were searched and handcuffed by Army Criminal Investigation Command (CID) agents. After being taken to CID headquarters for questioning, the suspects were returned to barracks but were billeted separately from their unit. After preferral of charges, the suspects were given the option to return to their unit, but 27 of them, including Cruz, declined. These 27 soldiers, nicknamed the Peyote Platoon, continued to live and assemble separately from the battalion. Cruz pleaded guilty to possession and distribution of marijuana and was sentenced to confinement for 16 months as well as additional punishment. Four months after his court-martial, Cruz alleged that the public shaming had violated Article 13 of the Uniform Code of Military Justice (UCMJ) and had induced him to accept the pretrial agreement for 16 months’ confinement. The Court of Military Review affirmed Cruz’s sentence, and Cruz appealed.

Rule of Law

Issue

Holding and Reasoning (Sullivan, J.)

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