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Legal Opinion

United States v. Smith

United States Court of Military Appeals

Decided January 16, 1976No. 30,773PublishedCited by 50 opinions

1Opinion of the Court

OPINION

COOK, Judge.

Accused was convicted of two specifications alleging violations of U.S. Army Europe Regulation 632-10. One specification charged a wrongful attempt to sell Mandrax, a drug proscribed by the regulation, and the other charged wrongful possession of the same drug. We granted review to consider whether the offenses were separately punishable.1

On allegation alone, wrongful sale and wrongful possession of a controlled substance may be sufficiently unrelated as to justify separate punishment. United States v. Maginley, 13 U.S.C.M.A. 445, 32 C.M.R. 445 (1963). Generally, however,…

2Cases cited6 opinions

  1. United States v. HardenUnited States Court of Military Appeals · 1976
  2. United States v. KleinhansUnited States Court of Military Appeals · 1964
  3. United States v. BrownUnited States Court of Military Appeals · 1957
  4. United States v. TurnerUnited States Court of Military Appeals · 1968
  5. United States v. MaginleyUnited States Court of Military Appeals · 1963

1 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. United States v. BakerUnited States Court of Military Appeals · 1983
  2. United States v. WallsUnited States Court of Military Appeals · 1980
  3. United States v. WashingtonUnited States Court of Military Appeals · 1976
  4. United States v. FrangoulesUnited States Court of Military Appeals · 1976
  5. United States v. HarrisonUnited States Court of Military Appeals · 1978

45 more not listed; retrieve them via the Exa API.

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