Legal Opinion · Dissent

United States v. Castrillon-Moreno

United States Court of Military Appeals

Decided October 22, 1979No. 34,611; CM 435777Published

1DissentCook, Judge

During the providency inquiry, the appellant was advised that the two offenses in question were multiplicious for sentencing purposes and the maximum imposable confinement was 10 years. The Court of Military Review held that as the case was tried after the effective date of United States v. Courtney, 1 M.J. 438 (C.M.A.1976), the maximum imposable confinement was limited to 2 years, i. e., the sentence prescribed for a violation of Article 92, Uniform Code of Military Justice, 10 U.S.C. § 892. See United States v. Jackson, 3 M.J. 101 (C.M.A.1977). However, that court further held the pleas…

2Cases cited41 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Brady v. United StatesSupreme Court of the United States · 1970
  3. McMann v. RichardsonSupreme Court of the United States · 1970
  4. United States v. TimmreckSupreme Court of the United States · 1979
  5. United States v. CareUnited States Court of Military Appeals · 1969

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