United States v. Hubbs

OPINION OF THE COURT

WOLD, Senior Judge:

Appellant was tried by a military judge sitting alone as a special court-martial. Based on appellant’s pleas of guilty, he was convicted of wrongful possession of “some” marijuana on 2 August 1984 and of wrongful distribution of 2.77 grams of marijuana, also on 2 August 1984.1 Contrary to his plea, he was convicted of soliciting another to wrongfully possess and distribute lysergic acid diethylamide (LSD) in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934 (1982).

Appellant distributed the marijuana to an undercover military…