United States v. Gutierrez

OPINION OF THE COURT

COSTELLO, Judge:

We withheld disposition of this case pursuant to a judicial conference agreement. By its terms we were required to await the mandate in United States v. Jackson, 3 M.J. 101 (C.M.A. 1977) which further explained the decision of the United States Court of Military Appeals in United States v. Courtney, 1 M.J. 438 (C.M.A.1976). In Courtney the Court of Military Appeals ultimately determined that the appellant there was denied equal protection of the law because his drug offense had been arbitrarily charged as a violation of Article 134, Uniform Code of Military…