United States v. Leverette

9 M.J. 627 (1980)

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United States v. Leverette

United States Court of Military Review
9 M.J. 627 (1980)

Facts

John Leverette, Jr. (defendant) visited Fort Campbell, Kentucky while he was on leave from his duty station. A general regulation in effect at Fort Campbell required all individuals who entered the base to register nongovernment-owned firearms with the Office of the Provost Marshal. Leverette, unaware of the regulation, brought his personal handgun onto the base and used it to rob a drug dealer. Leverette was charged with several offenses, including disobeying a lawful general regulation in violation of Article 92(1) of the Uniform Code of Military Justice (UCMJ). Leverette entered a guilty plea, and a military judge sitting as a general court-martial convicted him. The convening authority approved the conviction, and the case was sent to the United States Court of Military Review pursuant to UCMJ Article 66. On review, Leverette argued that his guilty plea had been improvident, reasoning that he had no duty to obey the regulation because he had not been assigned to Fort Campbell and did not have knowledge of the regulation.

Rule of Law

Issue

Holding and Reasoning (Fulton, J.)

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