United States v. Brinkley

Appellant stands convicted of two violations of Article 92, Uniform Code of Military Justice, 10 U.S.C. § 892, alleging possession and transfer of marijuana, and one violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934, alleging possession of marijuana with intent to distribute it in violation of 21 U.S.C. § 841(a)(1). The sentence as approved on review below provides for a bad-conduct discharge (suspended on probation), confinement at hard labor for 85 days, and reduction to pay grade E-l.

The following alleged errors have been assigned for our consideration:

I. THE…