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Legal Opinion

United States v. Gambini

U S Air Force Court of Military Review

Decided December 22, 1980No. ACM 22708PublishedCited by 8 opinions

1Opinion of the Court

DECISION

MILES, Judge:

In this case, we (1) reaffirm that pretrial confinement issues may not be raised for the first time on appeal and (2) dismiss one offense as multiplicious. Additionally we reassess the sentence, both because the military judge erred in not instructing on the multiplicity of charged drug offenses and because the trial counsel improperly referred in sentence argument to an offense of which the accused had been acquitted.

*619The accused was convicted, despite his pleas, of willful disobedience of the lawful order of his superior commissioned officer and failing to obey a base…

2Cases cited12 opinions

  1. United States v. MiddletonUnited States Court of Military Appeals · 1960
  2. United States v. WilliamsUnited States Court of Military Appeals · 1968
  3. United States v. DrexlerUnited States Court of Military Appeals · 1958
  4. United States v. IrvingUnited States Court of Military Appeals · 1977
  5. United States v. AxleyUnited States Court of Military Appeals · 1976

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. United States v. MartinezU.S. Army Court of Military Review · 1984
  2. United States v. GambiniUnited States Court of Military Appeals · 1982
  3. United States v. WalkerU.S. Army Court of Military Review · 1989
  4. United States v. PeacockU.S. Army Court of Military Review · 1985
  5. United States v. BatchelorUnited States Court of Military Appeals · 1983

3 more not listed; retrieve them via the Exa API.

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