United States v. Albrecht

OPINION OF THE COURT

FULTON, Judge:

Charged with wrongfully possessing heroin (specification 1) and marihuana (specification 2), the appellant was tried in a general court-martial. His plea of guilty was taken by the military judge, who thereupon found him guilty of both offenses. The sentence was adjudged by court members.

The offenses were multiplicious for sentencing purposes because both drugs were possessed simultaneously and were found in a search of the appellant’s quarters. United States v. Hughes, 24 U.S.C.M.A. 169, 51 C.M.R. 388, 1 M.J. 346 (1976). Therefore, the military judge,…