United States v. Ortiz-Negron

DECISION ON FURTHER REVIEW

COOK, Senior Judge:

This Court’s earlier decision in this case was vacated by the United States Court of Military Appeals on 10 February 1976 and the case was remanded to us to await the *1039United States Court of Military Appeals disposition of United States v. McCarthy.1

On 29 January 1975, appellant was convicted, contrary to his pleas, at a bench trial general court-martial, of the possession and sale of heroin on 9 July 1974 and for like offenses on 20 August 1974. These crimes were alleged as violations of Article 92, Uniform Code of Military Justice (UCMJ) (10…