United States v. Zorn

OPINION OF THE COURT

COSTELLO, Judge:

Appellant was convicted by a military judge sitting as a special court-martial of two instances of sale and two of possession of marihuana in violation of Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934. Possible charging and multiplicity issues in this case are mooted by the limited sentencing power of this trial court, so the only issue before us is: Did the trial court have jurisdiction under the rule in O’Callahan v. Parker, 395 U.S. 258, 89 S.Ct. 1683, 23 L.Ed.2d 291 (1969)? Our answer is “Yes.”

That answer flows from our…