United States v. Jefferson

OPINION OF THE COURT

FOREMAN, Judge:

Contrary to his pleas, the appellant was convicted of the wrongful sale, transfer, and possession of heroin, in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934 (1976). He was sentenced to a dishonorable discharge, confinement at hard labor for three years, forfeiture of all pay and allowances, and reduction to Private E-l. The convening authority approved the sentence.

The appellant contends that the military judge’s instructions were deficient. We agree and set aside the findings and sentence.

A brief summary of the facts is…