United States v. Byrne

McGUIRE, Judge:

Appellant was tried by special court-martial, military judge alone. Contrary to his pleas, Appellant was convicted of one specification of wrongful use of cocaine, in violation of Article 112a, Uniform Code of Military Justice, 10 U.S.C. § 912a. In his sentencing argument, Trial Defense Counsel requested a bad-conduct discharge to ensure appellate review of the case. (R. at 162.) The Military Judge sentenced Appellant to reduction to the grade of E-2 and a bad-conduct discharge. The Convening Authority approved the sentence.

Before this court, Appellant initially assigned the…