United States v. Fairley

DECISION

HODGSON, Chief Judge:

The issue before us is whether the theft of an automatic teller machine (ATM) card and its subsequent use to withdraw money from the owner’s bank account are separate offenses for punishment. Two panels of this court, in reviewing virtually identical facts, have arrived at different conclusions regarding this issue.

In United States v. Pulliam, 17 M.J. 1066 (A.F.C.M.R.1984), a three judge panel viewed the theft of an ATM card “as a preamble to the two ... larcenies.” It considered the offenses, although occurring at different times and places as flowing from “a…