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SMALL v. COMMANDING GEN., M. C. BASE, CAMP PENDLETON, CAL.

No. 70-393.

320 F.Supp. 1044 (1970)

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

United States District Court, S. D. California.

December 23, 1970.

Attorney(s) appearing for the Case

Byron J. Walters, Canoga Park, Cal., for petitioner.

Harry D. Steward, U. S. Atty., and Frederick B. Holoboff, Asst. U. S. Atty., San Diego, Cal., for respondents.

MEMORANDUM OPINION AND ORDER

WALLACE, District Judge.

FACTS

The petitioner in this habeas corpus proceeding is an enlisted man on active duty in the Marine Corps. On June 9, 1970, petitioner was tried before a special court martial at the Marine Corps Recruit Depot, San Diego, California, for violation of Article 134 of the Uniform Code of Military Justice, the specification being the sale of marijuana. He was found guilty and sentenced to confinement...

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