United States v. Dolbow

OPINION OF THE COURT

PEARSON, Senior Judge:

In this case, we remind military judges that if offenses are separate for findings, they are separate for sentencing; likewise, if they merge for sentencing, they merge for findings. R.C.M. 1003(c)(1)(C); United States v. Morrison, 41 M.J. 482 (1995); United States v. Lenoir, 39 M.J. 751 (A.F.C.M.R.), pet. denied, 40 M.J. 276 (C.M.A.1994). Thus, a military judge should not conclude that offenses are multiplicious, that is but one offense, for sentencing unless the judge first determines they are multiplicious for findings, in which case, the judge…