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SMALL v. COMMANDING GENERAL, MARINE CORPS BASE, CAMP PENDLETON, CALIFORNIA

No. 71-1391.

448 F.2d 1397 (1971)

Application of John T. SMALL, Petitioner-Appellant, v. COMMANDING GENERAL, MARINE CORPS BASE, CAMP PENDLETON, CALIFORNIA, and Commanding Officer, Staging Battalion, Marine Corps Base, Camp Pendleton, California (MCC 050), Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

October 26, 1971.

Attorney(s) appearing for the Case

Byron J. Walters (argued), Canoga Park, Cal., for petitioner-appellant.

Alan R. Perry, (argued), Harry D. Steward, U. S. Atty., Frederick B. Holoboff, Asst. U. S. Atty., San Diego, Cal., for respondents-appellees.

Before WRIGHT and CHOY, Circuit Judges, and BYRNE, District Judge.

PER CURIAM:

Petitioner-appellant Small is an enlisted man on active duty in the Marine Corps. On June 9, 1970, he was tried and convicted by a special court-martial for the sale of marijuana. His conviction was reviewed and approved by the Staff Judge Advocate, Marine Corps Recruit Depot, San Diego, California.

Instead of seeking review by the Judge Advocate General of the Navy pursuant to 10 U.S.C. § 869 (1971 Supp.) (Article 69 of the UCMJ), Small sought...

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