United States v. Brandt

ON RECONSIDERATION

CEDARBURG, Chief Judge:

Appellant, pursuant to his pleas of guilty, was convicted of attempting to sell 433 grams of hash oil, a marijuana derivative, and wrongful possession of hash oil in violation of Articles 80 and 134 UCMJ, 10 U.S.C. §§ 880, 934, respectively. The two offenses were considered multiplicious, but the maximum confinement at hard labor, in addition to ancillary penalties, considered both in the providency inquiry and on sentencing, was 5 years, the penalty authorized for a drug offense charged under Article 134, UCMJ. In our decision in United States v.…