United States v. Domingue

DECISION

MURDOCK, Judge:

This case came to us on its merits. The appellant was convicted of wrongful use of marijuana and cocaine. At trial it was established that both charges stemmed from the appellant’s use of a marijuana cigarette he had purchased from an unknown dealer on the streets of Gulfport, Mississippi. The appellant pleaded guilty to both specifications, but claimed in his plea inquiry and a stipulation of fact that the cocaine use was without his knowledge. Nonetheless, the military judge accepted his plea and found him guilty of both offenses. We specified the issue of whether the…