United States v. Leverette

Rule of Law:

A general regulation of a military installation applies to any service member who is physically present on that installation, regardless of their assignment or leave status. A conviction for violating such a regulation under Article 92(1) of the UCMJ does not require proof that the service member had actual knowledge of the regulation.

Facts:

• Fort Campbell, a military installation in Kentucky, had a regulation requiring all non-government-owned handguns to be registered with the Office of the Provost Marshal before being brought onto the installation.
• The appellant was a soldier on leave, en route from his duty station in Korea to a new assignment at Fort Stewart, Georgia.
• While on leave, the appellant visited Fort Campbell, where he had previously been stationed.
• He knowingly entered the Fort Campbell military reservation while in possession of a privately-owned, unregistered .32-caliber pistol.
• While on the installation, the appellant used the unregistered pistol to rob another individual of marihuana.
• The victim of the robbery reported the incident to military police, which led to the appellant's apprehension and the discovery of the unregistered weapon.

Procedural Posture:

• The appellant was charged in a court-martial with violating a lawful general regulation, robbery, and wrongful possession of marihuana.
• At trial, the appellant pleaded guilty to all charges pursuant to a plea agreement.
• During the military judge's inquiry into the providence of the plea, it was revealed that the appellant was on leave and not assigned to Fort Campbell at the time of the offenses.
• The appellant was convicted based on his guilty pleas and sentenced.
• The appellant appealed his conviction for the regulation violation to the U.S. Army Court of Military Review, arguing that his guilty plea was improvident because the regulation did not apply to him.