United States v. Rosario

OPINION OF THE COURT

GARN, Judge:

The appellant, in accordance with his guilty pleas, was convicted of dishonorably and wrongfully possessing and using heroin, dishonorably and wrongfully possessing marihuana, and fraternization with enlisted men, in violation of Articles 133 and 134, Uniform Code of Military Justice, 10 U.S.C. § 933 and § 934. He was sentenced to dismissal and confinement at hard labor for nine months. The convening authority approved the sentence.

The trial judge failed to secure from counsel their explicit assurances that there were no “sub rosa” agreements and that their…