U.S. v. Thomas, 65 M.J. 132

Core Criminal Law Subjects: Crimes: Art. 112a -- Wrongful Use, Possession, etc, of Controlled Substances Pre-2019 offenses

1. Article 112a, UCMJ, provides that any person subject to the UCMJ who wrongfully uses, possesses, or introduces into an installation used by or under the control of the armed forces a controlled substance shall be punished as a court-martial may direct; the statute does not define the term wrongful; however, the MCM states that use, possession, or introduction of a controlled substance onto a military installation is wrongful if it is done without legal justification or authorization
2. there is nothing in the legislative history of Article 112a, UCMJ, that indicates a congressional intent to impose criminal liability without mens rea for the wrongful introduction of drugs onto a military installation; there is nothing that indicates a contrary intent, either; Congress was silent on the question; appellate courts have long adhered to the principle that criminal statutes are to be strictly construed, and any ambiguity resolved in favor of the accused; where, as here, the legislative intent is ambiguous, the ambiguity is resolved in favor of the accused
3. the offense of wrongful introduction of a controlled substance onto a military installation in violation of Article 112a, UCMJ, requires, as an essential element, that the accused knew he was taking a controlled substance onto an installation; thus, in order to be convicted, the accused must have actual knowledge that he was entering onto the installation

Trial Stages: Merits: Guilty Pleas

1. mere conclusions of law recited by an accused are insufficient to provide a factual basis for a guilty plea
2. in this case, the stipulated fact that appellant did not know that he was entering the installation rendered his plea to wrongful introduction of marijuana onto a military installation improvident

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. a plea of guilty will be rejected only where the record of trial shows a substantial basis in law and fact for questioning the plea
2. a military judge’s decision to accept a guilty plea is reviewed for an abuse of discretion
3. an appellate court reviews de novo the military judge’s exposition of the elements of the offense to which the accused is pleading guilty
4. appellate courts have long adhered to the principle that criminal statutes are to be strictly construed, and any ambiguity resolved in favor of the accused; where the legislative intent is ambiguous, the ambiguity is resolved in favor of the accused

Miscellaneous Matters: Multiplicity and Lesser Included Offenses: Lesser Included Offenses

1. wrongful possession of drugs is a lesser included offense of wrongful introduction under Article 112a, UCMJ

Miscellaneous Matters: Statutes, Treaties, Regulations, Executive Orders, Directives, etc.: Generally

1. appellate courts have long adhered to the principle that criminal statutes are to be strictly construed, and any ambiguity resolved in favor of the accused; where the legislative intent is ambiguous, the ambiguity is resolved in favor of the accused