United States v. Cook

PEARSON, Senior Judge:

This is yet another case where the government quickly garners the conviction but shoots itself in the foot during the post-trial review. To remedy prejudicial posttrial errors, we set aside appellant’s bad-conduct discharge.

*828FACTS

In a bench trial at Langley Air Force Base, Virginia, appellant pled guilty to smoking marijuana numerous times and purchasing some marijuana for one of his smoking associates. The military judge sentenced him to a bad-conduct discharge, 4 months confinement, and reduction to E-1.

Appellant had a pretrial agreement which limited any confinement to…