United States v. Carreiro

I agree with the majority with respect to sufficiency and the question of the trial counsel’s qualification. I dissent, however, on the issue of multiplicity. I would hold that the two offenses are multiplicious for both findings and sentence.

When the appellant entered the barracks and the room in the barracks, this single act resulted in a violation of a local regulation. It also constituted an unlawful entry under the general article. Entering the barracks was a necessary preliminary to entering the room in the barracks. The Government in an act of pleonastic pleading has split this single…