United States v. Garcia

OPINION OF THE COURT

COKER, Judge:

Appellant pled guilty to one specification of possessing 47 grams of marijuana. He was convicted by the trial judge sitting as a general court-martial of possessing the marijuana with the intent to distribute it. His adjudged sentence of a bad-conduct discharge, confinement at hard labor for four months, total forfeitures, and reduction to Private E-l was approved by the convening authority. Before this Court, he asserts for the first time that the specification fails to allege an offense in that it contains no allegation of criminality. We agree.

The…