United States v. Sullivan

Opinion of the Court

COX, Judge:

On his pleas, appellant was convicted by Judge Donald E. Weir, sitting as a general court-martial, of one specification each of wrongful distribution of the medication dilaudid, larceny of dilaudid, and two specifications of forging prescriptions for dilaudid, in violation of Articles 112a, 121, and 123, Uniform Code of Military Justice, 10 U.S.C. §§ 912a, 921, and 923, respectively.1 This appeal relates only to the propriety of the sentencing phase of the trial, and we agreed to consider:

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION IN DENYING A DEFENSE…