United States v. Foster

DECISION PER CURIAM: Consistent with his pleas, the accused was convicted of wrongfully communicating a threat, wrongful use and possession of marijuana, and attempting to sell a dangerous [981] drug, to wit: amphetamine m violation of Articles 134 and 80, Uniform Code of Military Justice 10 U.S.C. §§ 934 and 880. The sentence extended to a bad conduct discharge, six months’ confinement at hard labor, forfeiture of $100.00 per month for six months and reduction to airman basic. In a single assignment of error appellate defense counsel urge that the accused’s guilty plea to attempting to sell a dangerous drug was improvident because during the Care * inquiry he denied knowledge of the punitive regulation. The challenged attempted transfer specification is worded: In that STAFF SERGEANT DONNIE G. FOSTER ... did ... attempt to sell a dangerous drug, to wit: Amphetamine, in violation of a lawful general regulation, to wit: paragraph 4 — 4, Air Force Regulation 30-2.... There is no requirement that an accused have specific knowledge of Air Force Regulation 30-2 or to have entertained the specific intent to violate the regulation to sustain a conviction under Article 80, Code, supra. United States v. Davis (A.F.C.M.R.1982). The plea was provident. The findings of guilty and the sentence are AFFIRMED. Footnotes [*] United States v. Care, 18 U.S.C.M.A. 535, 40 C.M.R. 247 (C.M.R.1969).