United States v. Guidry

DECISION

FORAY, Senior Judge:

The appellant was tried and convicted by a general court-martial, contrary to his pleas, of using marijuana in the presence of enlisted members, in violation of Articles 134 and 133, U.C.M.J., 10 U.S.C. §§ 933, 934.1 The approved sentence extends to confinement at hard labor for one month, forfeiture of all pay and allowances, and dismissal from the service.2 Findings and sentence in the case were had prior to 1 August 1984.

Because of our disposition of this case we find it necessary to discuss but one of the errors assigned by appellant. The issue which concerns…