United States v. Axley

United States Court of Military Appeals

United States v. Axley

1 M.J. 265, 1976 CMA LEXIS 6142

CourtUnited States Court of Military Appeals

DecidedJanuary 16, 1976

DocketNo. 31,065

StatusPublished

Cited by18 cases

This text of 1 M.J. 265 (United States v. Axley) is published on Counsel Stack Legal Research, covering United States Court of Military Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Axley, 1 M.J. 265, 1976 CMA LEXIS 6142 (cma 1976).

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OPINION

COOK, Judge:

Review was granted to determine whether, on the basis of the allegations of the specifications and the evidence, the accused could be separately punished for wrongful sale and wrongful possession of marihuana. The chain of evidence which led to the charges indicates the offenses are not separately punishable. United States v. Smith, 1 M.J. 260 (1976). Accordingly, the decision of the Court of Military Review as to the sentence is reversed. The record of trial is returned to the Judge Advocate General of the Army for resubmission to the court for reassessment of the sentence in light of this opinion.

Senior Judge FERGUSON concurs in the result.

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OPINION

COOK, Judge:

Review was granted to determine whether, on the basis of the allegations of the specifications and the evidence, the accused could be separately punished for wrongful sale and wrongful possession of marihuana. The chain of evidence which led to the charges indicates the offenses are not separately punishable. United States v. Smith, 1 M.J. 260 (1976). Accordingly, the decision of the Court of Military Review as to the sentence is reversed. The record of trial is returned to the Judge Advocate General of the Army for resubmission to the court for reassessment of the sentence in light of this opinion.

Senior Judge FERGUSON concurs in the result.

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1 M.J. 265, 1976 CMA LEXIS 6142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-axley-cma-1976.

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