United States v. Cunningham

Opinion of the Court

EVERETT, Chief Judge:

On April 26 and May 4, 1979, appellant was tried at Fort Knox, Kentucky, before a military judge sitting as a special court-martial. Contrary to his pleas, he was convicted of possessing marihuana, in violation of Article 184 of the Uniform Code of Military Justice, 10 U.S.C. § 934. He was sentenced to a bad-conduct discharge, confinement at hard labor for 3 months, and forfeiture of $240.00 pay per month for 6 months. After his conviction was upheld by all intermediate reviewing authorities, we granted review (9 M.J. 22) of these two issues:

I. WHAT…