United States v. Shoemake

BYRNE, Judge:

Aviation Machinist’s Mate Third Class Charles M. Shoemake was tried by special court-martial and convicted, contrary to his pleas, of a number of specifications involving the use, possession, transfer, and sale of amphetamines and marijuana in violation of Article 92 of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 892.

Appellate defense counsel limited his oral presentation to this Court to one assignment of error,1 and we shall limit our discussion to that issue.

A. The Statute

Article 25(c)(1) of the UCMJ, 10 U.S.C. § 825(c)(1) states, in pertinent part:

Any enlisted…