1 M.J. 200 | United States Court of Military Appeals | 1975
OPINION OF THE COURT
Pursuant to his pleas of guilty, the appellant was convicted at his general court-martial of charges laid under Article 134 of the Code
All parties at trial operated under the misconception that the maximum sentence to confinement to which appellant was subject was 30 years, rather than 15.
The decision of the U. S. Army Court of Military Review is reversed and the findings and sentence are set aside. The record of trial is returned to the Judge Advocate General of the Army. A rehearing may be ordered.
. Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934.
. Wrongful and intentional distribution of LSD, listed under schedule III of the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 841(a)(1), is punishable, in pertinent part, by confinement at hard labor for a maximum of 5 years per offense — a total of 15 years in the case sub judice. All parties at the trial level, however, erroneously relied upon the maximum sentence listed in the Table of Maximum Punishments, paragraph 127c, Manual for Courts-Martial, United States, 1969 (Rev.), of 10 years for each offense involving a habit-forming drug — an incorrect maximum of 30 years in this case.