Legal Opinion

United States v. Smith

U S Air Force Court of Military Review

Decided October 22, 1976No. ACM 21858 (f. rev.)PublishedCited by 10 opinions

1Opinion of the Court

DECISION UPON FURTHER REVIEW

LeTARTE, Chief Judge:

In our original decision, United States v. Smith, 51 C.M.R. 237, 1 M.J. 542 (A.F.C. M.R. 12 September 1975), we affirmed the findings of guilty and the sentence. Thereafter, the United States Court of Military Appeals vacated our decision and remanded the record of trial to us with instructions to hold further proceedings in abeyance pending its disposition of the issue granted in United States v. McCarthy, 2 M.J. 26 (24 September 1976).

In McCarthy, supra, the Court found that the accused’s offense of “wrongfully transferring 3 pounds of…

2Cases cited13 opinions

  1. Schlesinger v. CouncilmanSupreme Court of the United States · 1975
  2. O'Callahan v. ParkerSupreme Court of the United States · 1969
  3. Relford v. Commandant, US Disciplinary Barracks, Fort LeavenworthSupreme Court of the United States · 1971
  4. United States v. McCarthyUnited States Court of Military Appeals · 1976
  5. United States v. CourtneyUnited States Court of Military Appeals · 1976

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

3Cited by10 opinions

  1. United States v. CokerU S Air Force Court of Military Review · 1976
  2. United States v. MurphyU S Air Force Court of Military Review · 1976
  3. United States v. BatsonU S Air Force Court of Military Review · 1976
  4. United States v. AlefU S Air Force Court of Military Review · 1976
  5. United States v. ChastainU S Air Force Court of Military Review · 1976

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

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