United States v. Mika

OPINION OF THE COURT

NAUGHTON, Judge:

In accordance with his pleas, appellant was convicted of larceny and wrongful use of mepridine (trademarked Demerol) in violation of Articles 121 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 921 and 934 (1976). Prior to entry of pleas, trial defense counsel moved to dismiss the drug use offense because appellant was immune from prosecution under the provisions of Chapter 6 of Army Regulation 600-85, Alcohol and Drug Abuse Prevention and Control Program, (1 December 1981). Appellant contends on appeal that the military judge erred in denying the…