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Legal Opinion

United States v. Kelly

United States Court of Military Appeals

Decided November 8, 1982No. 41963; CMR 440639PublishedCited by 6 opinions

1Opinion of the Court

Opinion of the Court

EVERETT, Chief Judge:

Sergeant Kelly was tried by a general court-martial with members for eight offenses involving sale, possession, and use of marihuana, in violation of Article 134; conspiracy to sell marihuana, in violation of Article 81; and violation of a lawful general regulation by possessing .45-caliber ammunition, in violation of Article 92.1 The alleged conspiracy was for the purpose of wrongfully selling marihuana, the overt act being a sale to Specialist Four Donald L. Allen.

The court members found Kelly guilty of every charge except wrongfully selling…

2Cases cited4 opinions

  1. United States v. GoodeUnited States Court of Military Appeals · 1975
  2. United States v. ClayUnited States Court of Military Appeals · 1981
  3. United States v. McAnallyUnited States Court of Military Appeals · 1981
  4. United States v. KellyU.S. Army Court of Military Review · 1981

3Cited by6 opinions

  1. United States v. TuckerUnited States Court of Military Appeals · 1985
  2. United States v. AndersonU S Air Force Court of Military Review · 1993
  3. United States v. McGheeUnited States Court of Military Appeals · 1991
  4. United States v. AndreasUnited States Court of Military Appeals · 1983
  5. United States v. BrooksArmy Court of Criminal Appeals · 1995

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