United States v. Withers

OPINION OF THE COURT

O’DONNELL, Judge:

The appellant was convicted of wrongfully possessing 2.8 pounds of marihuana with intent to distribute in violation of 21 U.S.C. § 841 and Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. He was sentenced by the military judge to be discharged from the service with a bad-conduct discharge, to forfeit $245.00 pay per month for five months, to be confined at hard labor for five months, and to be reduced to the lowest enlisted grade. The convening authority reduced the confinement to two and one-half months and otherwise approved the sentence.

On…