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KEHRLI v. SPRINKLE

Nos. 72-1649, 74-1032.

524 F.2d 328 (1975)

Colonel Gerald V. KEHRLI, United States Air Force (Ret.), Appellant, v. Colonel Homer R. SPRINKLE, Commandant, United States Disciplinary Barracks, Fort Leavenworth, Kansas, Appellee.

United States Court of Appeals, Tenth Circuit.

October 20, 1975.

Attorney(s) appearing for the Case

Joel M. Gora, Am. Civ. Liberties Union Foundation, New York City (Melvin L. Wulf, Am. Civ. Liberties Union Foundation, New York City, and Scott Jarvis, Topeka, Kan., with him on the brief), for appellant.

Guido J. Casari, Major, Office of The Judge Advocate Gen., United States Air Force (Robert J. Roth, U. S. Atty., Bruce E. Miller and Mary K. Beck, Asst. U. S. Attys., and Bryan M. Caldwell, Captain, USAF, Office of The Judge Advocate General, of counsel, with him on the brief), for appellee.

Before HILL, SETH and HOLLO-WAY, Circuit Judges.

SETH, Circuit Judge.

Colonel Kehrli stands convicted by a general court-martial of three specifications of use of marijuana, two specifications of transfer of marijuana (contemporaneous with two of the episodes of use), and one specification of possession of marijuana, in violation of Article 134 of the Uniform Code of Military Justice. 10 U.S.C. § 934. Trial was held in Vietnam and Colonel Kehrli was sentenced to three years at hard labor plus a fine of $15...

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