United States v. Schrock

Before articulating the bases of my dissent, I must detail certain facts.

In accordance with his pleas, the accused was convicted by a special court-martial, military judge alone, of transferring LSD and attempting to transfer amphetamines in violation of the Uniform Code of Military Justice, Articles 92 and 80, 10 U.S.C.A. §§ 892, 880.

No evidence of prior participation in Air Force drug rehabilitation programs was introduced at trial. Following the sentencing and prior to adjournment, the military judge announced:

You have committed two offenses which by their very nature are extremely serious…