United States v. Berner

OPINION OF THE COURT

De GIULIO, Senior Judge:

Appellant was tried by a general court-martial consisting of officers and enlisted members. Contrary to his pleas, he was found guilty of possession of marijuana with intent to distribute in violation of Article 112a, Uniform Code of Military Justice, 10 U.S.C. § 912a (Supp. V 1987) [hereinafter UCMJ]. He was sentenced to a dishonorable discharge, confinement for four years, total forfeiture of all pay and allowances, and reduction to Private E1. The convening authority approved the sentence except he reduced the confinement to three years.

Appellant…