United States v. Mirault

Opinion of the Court

DARDEN, Judge:

The issue for decision here is whether in the circumstances of this case a court-martial may punish an accused separately for the wrongful possession and for the use of marihuana.

Specialist Four Jerome A. Mirault pleaded guilty before a general court-martial to separate specifications involving the wrongful possession, the use, and the sale of marihuana, in violation of Article 134 of the Uniform Code of Military Justice, 10 USC § 934. The court sentenced him to a bad-conduct discharge, total forfeitures, confinement at hard labor for three years, and…