United States v. Cimoli

DECISION

MAHONEY, Judge:

The alleged errors are related to the providency of a plea of guilty and impeachment of the adjudged sentence by a contemporaneous recommendation for clemency. We find no prejudicial error, and affirm modified findings of guilty and the approved sentence.

In Specification 6 of the Charge, the accused pled guilty to wrongful use of marihuana in the hashish form on 17 March 1979. During the military judge’s providency inquiry, the accused stated it was marihuana in the natural form that he had used on that occasion.1 Nevertheless, based *518solely upon his plea, without…