United States v. Smith

DECISION

Contrary to his pleas, the accused was convicted by a general court-martial of offenses involving the use, possession and sale of methamphetamines and cocaine in violation of Articles 92 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 892, 934. The approved sentence extends to a dishonorable discharge, confinement at hard labor for five years, total forfeitures and reduction to airman basic.

Appellate defense and government counsel agree that the action of the convening authority must be set aside because the staff judge advocate failed to comply with this Court’s mandate in…