COLE v. LAIRD

No. 72-2354 Summary Calendar.

468 F.2d 829 (1972)

Gregory COLE, Plaintiff-Appellant, v. Melvin LAIRD, as Secretary of Defense, et al., etc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 24, 1972.


Attorney(s) appearing for the Case

James M. Simons, Austin, Tex., for plaintiff-appellant.

William S. Sessions, U. S. Atty., C. J. Calnan, Asst. U. S. Atty., San Antonio, Tex., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, GOLDBERG and MORGAN, Circuit Judges.


JOHN R. BROWN, Chief Judge:

Petitioner Cole was convicted by an Air Force court-martial for the unlawful use of marijuana—a violation of Article 134 of the Uniform Code of Military Justice, 10 U.S.C.A. § 934—and sentenced to perform hard labor for three months, to forfeit $50 of his pay per month for six months, to be reduced to the military grade of Airman E-2, and to be restricted to the confines of Bergstrom Air Force Base for sixty days.

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