United States v. Infante

OPINION OF THE COURT

COOK, Senior Judge:

Appellant was tried by a court with members on seven specifications alleging drug related offenses. He pled not guilty, but he was ultimately convicted of the one specification alleging possession of two marijuana plants, a violation of Article 134, Uniform Code of Military Justice (UCMJ) (10 U.S.C. § 934).

*1076I

Because appellant was tried on 20 February 1976, he is not entitled to the sentence relief afforded by the decision in United States v. Courtney, 1 M.J. 438 (1976). United States v. Jackson, 3 M.J. 101 (C.M.A.1977).

II

The alleged error bottomed on a…