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Legal Opinion

United States v. Presto

United States Court of Military Appeals

Decided August 10, 1987No. 49887; CM 443261PublishedCited by 22 opinions

1Opinion of the Court

Opinion of the Court

EVERETT, Chief Judge:

In this appeal from his general court-martial conviction,1 appellant contends that his pleas of guilty to attempted sale of 3 kilograms of marijuana were improvident because the record does not establish that he took any action tending to effect the consummation of the sale, as opposed to *351acts merely in preparation for the sale. 19 M.J. 257. We agree.

I

After Presto sold 567.59 grams of marijuana to two acquaintances who turned out to be a confidential source and an agent of the Criminal Investigation Command (CID), the two buyers asked about purchasing…

2Cases cited8 opinions

  1. United States v. CareUnited States Court of Military Appeals · 1969
  2. United States v. Roy MandujanoCourt of Appeals for the Fifth Circuit · 1974
  3. United States v. Robert Jackson, William Scott and Martin AllenCourt of Appeals for the Second Circuit · 1977
  4. United States v. Michael Dennis JoyceCourt of Appeals for the Eighth Circuit · 1982
  5. United States v. ByrdUnited States Court of Military Appeals · 1987

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

3Cited by22 opinions

  1. United States v. ChurchUnited States Court of Military Appeals · 1991
  2. United States v. MillerU.S. Navy-Marine Corps Court of Military Review · 1990
  3. United States v. NewmanU.S. Army Court of Military Review · 1987
  4. United States v. ChurchU S Air Force Court of Military Review · 1989
  5. United States v. SmithCourt of Appeals for the Armed Forces · 1999

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

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