United States v. Beeler

The findings of the military judge, sitting alone as a special court-martial, that the appellant knowingly possessed a proscribed drug, Phencyclidine (PCP) in violation of Article 92, UCMJ, and then attempted to violate a lawful regulation by wrongfully selling and transferring that same drug while believing it to be the controlled substance, Tetrahydrocannabinol (THC) in violation of Article 80, UCMJ, are patently inconsistent and irreconcilably incompatible. The error in my opinion is not cured by the supervisory authority’s action in dismissing the Charge alleging the wrongful possession…