United States v. Dieter

OPINION OF THE COURT

GRAVELLE, Senior Judge:

Contrary to his plea, the appellant was convicted by a special court-martial consisting of officer and enlisted members of possession of 29.7 grams of marijuana in violation of Article 112a, Uniform Code of Military Justice, 10 U.S.C. § 912a (1988) [hereinafter UCMJ]. The convening authority approved the adjudged sentence of a bad-conduct discharge, forfeiture of $555.00 pay per month for six months, and reduction to Private El.

The appellant asserts two errors, only one of which requires discussion:

THE MILITARY JUDGE ABUSED HIS DISCRETION BY DENYING…