United States v. Wessels

DECISION

HERMAN, Senior Judge:

Brought before us once again is the issue of multiplicity, for sentence purposes, of a sale of marihuana and the possession of the remainder of a larger amount. In this case, we find the offenses separable for purposes of punishment.

The accused was convicted, consonant with his pleas, by a special court-martial consisting of members, of a sale of marihuana and possession of 13 additional ounces of the same substance, violations of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934.

During his inquiry into the providence of the accused’s pleas, the…