062 United States v. Dillenburger

I have a pretty serious food allergy - one I feel compelled to share with restaurant staff and friends we visit with. It’s deeply unfun, but the alternative is, you know, anaphylaxis. The silver lining I’ve been able to identify is that it shows me how fiercely I’m loved by family and friends, who generously announce to others at parties that they, too, are responsible for not murdering me. For my servicemember spouse, I am equally fiercely protective of what comes into our home. We live in a state where recreational marijuana use is legal. Incidental exposure is a possible risk, so, when in doubt, we abstain or throw things out. It’s hardly a sacrifice and, with our efforts combined, I stay alive and my spouse stays employed. A real win-win.

If he’s to be believed, Navy Diver First Class Dillenburger could have really benefited from similar vigilance.

My primary source for this episode was the NMCCA opinion. As promised, I'm including a link to the Mathews v. Eldridge SCOTUS opinion.

This episode discussed substance use. If you, or someone you know is struggling with substance use, the SAMHSA National Helpline can be reached at 1-800-662-HELP and their treatment locator is available online.

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Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.