Maximum Sentence:
- DD
- 20 years confinement
- Total forfeiture
- Reduction to E-1
- Federal felony drug conviction
An Air Force Senior Airman was charged with wrongful use of Amphetamines, Methamphetamines, and Oxymorphone. He had tested positive for Amphetamines and was given a subsequent urinalysis. At the second urinalysis, it was alleged that the Airman spilled urine from a foreign clean sample all over his uniform while trying to provide the sample, turned to the observer, and offered him $500 for not reporting what he had seen.
The Airman also allegedly made statements that he was “caught” and did not want to go to Fort Leavenworth. Tim Bilecki, a military defense attorney for UCMJ Article 112a cases, was retained for the subsequent court martial, and enlisted the support of a forensic toxicologist to independently verify the results of the drug test.
Based on our review of the evidence and taking into account recent appellate court rulings on the Confrontation Clause, we set the case for a contested trial. The day before the trial, due to evidence and the witnesses brought forward by the government, the defense changed its plea of not guilty and entered into a “naked plea” in which our client pled guilty without a pre-trial agreement in place.
The goal in this case was to preserve the client’s GI Bill, which would require that the military judge not give the Airman a Bad Conduct Discharge (BCD). We put on a compelling case in mitigation and extenuation, and our client was not given a BCD. Instead, our client honorably discharged from the Air Force, and he still has full access to his Post-9/11 GI Bill.
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