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Legal Opinion

United States v. Irving

United States Court of Military Appeals

Decided March 23, 1977No. 32,880; ACM 21851PublishedCited by 24 opinions

1Opinion of the Court

Opinion of the Court

COOK, Judge:

A general court-martial convicted the accused of a number of offenses involving heroin. We granted review to consider whether solicitation of another to sell the drug, the transfer of the substance to the person solicited, and possession of it, all alleged to have occurred on the same day, were separately punishable.

Offenses that appear to be facially separate from the allegations in the respective specifications may, factually, be so related as to permit punishment only as for a single offense. United States v. Smith, 1 M.J. 260 (1976); United States v. Meyer,…

2Cases cited9 opinions

  1. United States v. FeolaSupreme Court of the United States · 1975
  2. United States v. Kelley Davis A/K/A Tee, in No. 71-1778, and Inez Davis. Appeal of Inez Davis, in No. 71-1779Court of Appeals for the Third Circuit · 1972
  3. United States v. SmithUnited States Court of Military Appeals · 1976
  4. United States v. WilliamsUnited States Court of Military Appeals · 1968
  5. United States v. WashingtonUnited States Court of Military Appeals · 1976

4 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. United States v. BakerUnited States Court of Military Appeals · 1983
  2. United States v. HarrisonUnited States Court of Military Appeals · 1978
  3. United States v. PoinsettU S Air Force Court of Military Review · 1977
  4. United States v. RoseU.S. Navy-Marine Corps Court of Military Review · 1978
  5. United States v. DearmanU.S. Army Court of Military Review · 1979

19 more not listed; retrieve them via the Exa API.

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