Legal Opinion

United States v. Bashaw

United States Court of Military Appeals

Decided February 5, 1979No. 35,419; CM 436366PublishedCited by 6 opinions

1Opinion of the Court

Opinion of the Court

COOK, Judge:

In a single assignment of error, the accused challenges the correctness of the trial judge’s determination that a specification alleging transfer of cocaine (Specification 1 of the Charge), was punishable separately from two other specifications of the Charge, alleging respectively, possession of cocaine (Specification 2) and possession of marihuana (Specification 3). Arguably, the circumstances of the transfer were sufficiently distinct in time and place from the possessory offenses to be separately punishable from them,1 but assuming, as the accused *180contends,…

2Cases cited8 opinions

  1. United States v. CourtneyUnited States Court of Military Appeals · 1976
  2. United States v. SmithUnited States Court of Military Appeals · 1976
  3. United States v. HughesUnited States Court of Military Appeals · 1976
  4. United States v. IrvingUnited States Court of Military Appeals · 1977
  5. United States v. PetersUnited States Court of Military Appeals · 1957

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3Cited by6 opinions

  1. United States v. HolsworthUnited States Court of Military Appeals · 1979
  2. United States v. HastonU.S. Army Court of Military Review · 1985
  3. United States v. ClaytonU.S. Army Court of Military Review · 1988
  4. United States v. HarrisU.S. Navy-Marine Corps Court of Military Review · 1982
  5. United States v. MaxwellU.S. Army Court of Military Review · 1987

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