United States v. Knight

UPON RECONSIDERATION

Appellant moved for en banc reconsideration of the decision this panel issued on 21 August 1991. That request was denied, but the panel decided upon its own motion to withdraw our original opinion and reconsider appellant’s case. Upon reconsideration, we change a portion of our opinion, but do not grant appellant any relief.

Appellant pleaded guilty to using cocaine and missing a military movement and was sentenced by the military judge to a bad-conduct discharge, confinement for 6 months, reduction to E-l, and forfeiture of all pay and allowances. He asserts for the first…