United States v. Simmons

DECISION

KASTL, Senior Judge:

Fired with desire to clinch a substantial sentence, trial counsel overstepped the boundaries of permissible argument. We find error and reassess the sentence.

Airman First Class Simmons was found guilty by a general court-martial consisting of members of wrongful use of amphetamine on divers occasions, in violation of Article 112a, UCMJ, 10 U.S.C. § 912a. The approved sentence is a bad conduct discharge, confinement for 12 months, and reduction to airman basic.

Simmons was assigned to cleaning airplanes at the “washrack” on the flight line at Carswell Air Force Base,…