Legal Opinion
United States v. Birbeck
U S Air Force Court of Military Review
Decided July 21, 1992No. ACM 29144PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
STUCKY, Judge:
Senior Airman Billy R. Birbeck was convicted, on his conditional plea of guilty,1 of one specification of wrongful possession of cocaine, in violation of the UCMJ, Article 112a.2 He was sentenced, by a general court-martial which included enlisted members, to a bad-conduct discharge, confinement for 6 months, total forfeitures, and reduction to E-l. The convening authority affirmed the sentence as adjudged.
On appeal, Birbeck asserts three errors. First, he claims the military judge erred in not suppressing Prosecution Exhibits 1 and 3, a “bindle” confiscated…
2Cases cited21 opinions
- Kissinger v. Reporters Committee for Freedom of the PressSupreme Court of the United States · 1980
- United States v. Michael J. McNeese and Laura ConwellCourt of Appeals for the Seventh Circuit · 1990
- United States v. Theophilus BlackstonCourt of Appeals for the Third Circuit · 1991
- People v. LealCalifornia Supreme Court · 1966
- United States v. ManceUnited States Court of Military Appeals · 1988
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3Cited by3 opinions
- United States v. PondU S Air Force Court of Military Review · 1993
- United States v. FigueroaUnited States Air Force Court of Criminal Appeals · 2001
- United States v. LawrenceUnited States Air Force Court of Criminal Appeals · 1995