United States Court of Military Appeals, 1972

United States v. Gauthier

United States v. Gauthier
United States Court of Military Appeals · Decided April 14, 1972 · Darden, Duncan, Quinn
21 C.M.A. 313; 21 USCMA 313; 45 C.M.R. 87; 1972 CMA LEXIS 781; 1972 WL 14130
United States v. Gauthier

Opinion of the Court

Opinion of the Court

Quinn, Judge:

We granted review to determine whether the accused’s unauthorized possession of Lysergic Acid Diethyl- • amide (LSD) in violation of a general regulation, and wrongful possession of marihuana on the same occasion were separate for the purposes of punishment. For the reasons set out in United States v Meyer, 21 USCMA 310, 45 CMR 84, decided this date, we conclude that the offenses are separately punishable. Accordingly, we affirm the decision of the United States Army Court of Military Review.

Judge Duncan concurs.

Concurring Opinion

Darden, Chief Judge:

I concur in the result. See my opinion concurring in the result in United States v Meyer, 21 USCMA 310, 45 CMR 84 (1972).

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