United States v. Aiello

Opinion of the Court

The appellant was convicted by a general court-martial consisting of a military judge alone of possession of heroin and marihuana, in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. He was sentenced to a bad-conduct discharge, confinement for 9 months, total forfeitures and reduction to the lowest enlisted grade. Pursuant to the military judge’s recommendation, the convening authority *100suspended execution of the punitive discharge. The United States Army Court of Military Review affirmed the findings but reassessed the sentence on the basis of…