Legal Opinion

United States v. Kelly

U.S. Army Court of Military Review

Decided April 22, 1983No. CM 442587Published

1Opinion of the Court

OPINION OF THE COURT

MILLER, Senior Judge:

Appellant was tried by a military judge sitting as a general court-martial and, contrary to his pleas, convicted of carrying a concealed weapon, an air pistol (a violation of a lawful general regulation), assault, wrongful possession of heroin, possession of marihuana in the hashish form, and wrongful possession of secobarbitol, violations of Articles 92, 128, and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 892, 928, 934. The appellant’s sentence provides for a dishonorable discharge, confinement at hard labor for 3 years, total…

2Cases cited14 opinions

  1. Franks v. DelawareSupreme Court of the United States · 1978
  2. United States v. Willie H. DennisCourt of Appeals for the Eighth Circuit · 1980
  3. United States v. John MartinCourt of Appeals for the Fifth Circuit · 1980
  4. United States v. EzellUnited States Court of Military Appeals · 1979
  5. United States v. Albert M. LefkowitzCourt of Appeals for the Ninth Circuit · 1980

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