United States v. Gordon

OPINION OF THE COURT

JONES, Senior Judge:

In a case tried eight days after the decision in United States v. Booker, 5 M.J. 238 (C.M.A.1977), the appellant pleaded guilty to stealing fragmentation and other type grenades, flares, simulators, ammunition and binoculars in violation of Article 121, Uniform Code of Military Justice, 10 U.S.C. § 921. He was sentenced to a bad-conduct discharge, confinement at hard labor for 21 months, forfeiture of all pay and allowances, and reduction to Private E-l. The convening authority approved the sentence but suspended the confinement in excess of nine months.