United States v. Gaeta

Opinion of the Court

COOK, Judge:

Contrary to his pleas, appellant was convicted by a special court-martial composed of officer and enlisted members of conspiracy to sell marihuana and of two sales of marihuana, in violation of Articles 81 and 134, Uniform Code of Military Justice, 10 U. S.C. §§ 881 and 934, respectively. The overt act allegedly committed to effect the object of the conspiracy was the wrongful sale of 42.95 grams of marihuana by Specialist Four David W. Johnson on March 19, 1979. The two wrongful sales with which appellant was charged occurred on the same date and aggregated…