UNITED STATES, Appellee v. STEPHEN A. GAUTHIER, Private, U. S. Army, Appellant

UNITED STATES, Appellee v STEPHEN A. GAUTHIER, Private, U. S. Army, Appellant 21 USCMA 313, 45 CMR 87 No. 25,052 April 14, 1972 Colonel George J. MeCartin, Jr., Captain Bruce Topman, and Captain J. Houston Gordon were on the pleadings for Appellant, Accused. Lieutenant Colonel Ronald M. Holdaway, Captain David E. Wilson, Captain Benjamin P. Fishburne, III, and Captain M. Douglas Deitchler were on the pleadings for Appellee, United States. [MAJORITY — Quinn, Judge:] 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. [CONCURRENCE — Darden, Chief Judge:] 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).