United States v. Shealy

DECISION

MILES, Judge:

Consistent with his pleas, accused was convicted of transfer of marijuana and transfer and use of heroin in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. The approved sentence extends to a bad conduct discharge, *843confinement at hard labor for six months, forfeiture of $299.00 per month for six months and reduction to airman basic.

Appellate defense counsel assert that the military judge erred by failing to consider the use and transfer of heroin as multiplicious for punishment purposes. We agree.

The offenses of use and transfer of heroin…