United States v. Theberge

DECISION

Consistent with his pleas, the accused was convicted by general court-martial of wrongfully possessing, transferring and using cocaine, wrongfully possessing and using marijuana, and absence without leave, in violation of Articles 134 and 86, U.C.M.J., 10 U.S.C. §§ 934 and 886. As the result of a pretrial agreement, the approved sentence extends to a bad conduct discharge, confinement at hard labor for three years, and forfeitures of $367 per month for three years.

Appellate defense counsel urge as error the following statement in the staff judge advocate’s review:(1) First, defense…