United States v. DeSoto

GLADIS, Senior Judge:

The accused contends on appeal that the military judge erred in treating specifications alleging sale and possession of marijuana as separate offenses and that the sentence was inappropriately severe. We reject the first contention, but find merit in the second.

I

Multiplicity

On 4 November 1981, in his quarters, the accused sold half an ounce of marijuana to an informant. Fifteen minutes later his quarters were searched and an ounce or ounce and a half of marijuana was discovered. The military judge treated the sale of the first amount and the possession of the second…