United States v. Miller

OPINION OF THE COURT

GRAVELLE, Judge:

Contrary to his plea, the appellant was found guilty of using cocaine, in violation of Article 112a, Uniform Code of Military Justice, 10 U.S.C. § 912a (1982 and Supp. V 1987). A military judge sitting as a special court-martial sentenced the appellant to a bad-conduct discharge. The convening authority approved the sentence.

The appellant assigns the following errors:

I

THE MILITARY JUDGE ERRED BY FINDING APPELLANT GUILTY OF AN OFFENSE NOT CHARGED BY THE GOVERNMENT.

II

APPELLANT’S CONVICTION CANNOT BE SUSTAINED BECAUSE THIS COURT CANNOT DETERMINE WHETHER THE…