United States v. Schmeltz

OPINION OF THE COURT

Ferguson, Senior Judge:

After pleading guilty to and being convicted of a number of drug offenses, the accused urges this Court to set aside the findings of guilty and direct a rehearing on the basis that certain provisions of his pretrial agreement were contrary to public policy. Our decision necessitates a review of the circumstances of the case.

Originally, the accused was charged with eight drug offenses. At an Article 39(a) session held on November 27, 1973, he was duly arraigned and moved to suppress a pretrial statement in which he had confessed his guilt. After…