United States v. Smith

DECISION UPON FURTHER REVIEW

EARLY, Senior Judge:

Tried by general court-martial, military judge alone, the accused was convicted, pursuant to his pleas, of two specifications of sale and one specification of transfer of heroin to other servicemen, in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. The approved sentence extends to a bad conduct discharge, confinement at hard labor for 14 months, forfeiture of all pay and allowances and reduction to the grade of airman basic.1

In our original, unpublished, decision in this case, dated 12 February 1976, we affirmed the…