United States v. Green

58 M.J. 855 (2003)

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United States v. Green

United States Army Court of Criminal Appeals
58 M.J. 855 (2003)

Facts

Jeremy H. Green (defendant), a cadet at the United States Military Academy, was caught with a device used for snorting ketamine and was charged with disobeying a lawful general order by wrongfully possessing drug-abuse paraphernalia. The order, Department of Defense Directive 1010.4, was issued for the purpose of updating Department of Defense policies concerning the prevention of alcohol and drug abuse. The order delegated to certain officials the responsibility for promulgating and implementing the policy updates, and it identified as Department of Defense policy the prohibition of the possession, sale, and use of drug abuse paraphernalia. However, the order did not establish sanctions for violations of the policy. At a general court-martial, Green pleaded guilty to disobeying the order, and the military judge convicted him of the offense. Green’s case was sent to the United States Army Court of Criminal Appeals for review pursuant to Article 66 of the Uniform Code of Military Justice (UCMJ).

Rule of Law

Issue

Holding and Reasoning (Schenck, J.)

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