United States v. Zupancic

I

Since, as the record of trial clearly reveals, the possession of marihuana (specification 1, Charge I) occurred at the same time and place and was based on the same underlying facts as both the introduction of marihuana (specification 2, Charge I) and the possession of marihuana with intent to distribute (specification of Charge II), and since some possession of marihuana is implicit in or included within each of these other offenses, I agree with my Brothers’ conclusion that specification 1 of Charge I was multiplicious with these other offenses. United States v. Baker, 14 M.J. 361, 371…