United States v. Gray

CLARK, Judge:

The Court, on its own motion, has reconsidered the above-styled case in light of United States v. Antonelli, 43 M.J. 183 (1995), the holding of which was not incorporated into the rationale of the earlier decision. The earlier decision is withdrawn in its entirety and the following is issued as the opinion of the Court in this case.

At his special court-martial, before a military judge, the appellant was convicted, pursuant to his pleas, of unauthorized absence for 4 days and wrongful possession of cocaine, in violation of Uniform Code of Military Justice [UCMJ], Articles 86 and…