United States v. Tinley

DECISION

EARLY, Senior Judge:

Tried by general court-martial, military judge alone, the accused was convicted, pur*695suant to his pleas, of transferring, possessing and using heroin, in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. The adjudged sentence extended to a bad conduct discharge, confinement at hard labor.for 24 months, forfeiture of all pay and allowances and reduction to airman basic. The convening authority reduced the period of confinement to 12 months and otherwise approved the sentence.1

Appellate defense counsel assign two errors. In the first they…