United States v. Ray

I write separately to address the majority opinion as it relates to the important multiplicity issue raised therein, which we are seeing with great frequency. I believe the majority’s analysis of this important issue is flawed.

Appellant unambiguously admitted having wrongfully and knowingly used marijuana and methamphetamine simultaneously, on a single occasion, when he smoked a “joint” into which the two substances were rolled. Record at 14-16. Despite the fact that he used these substances at the same time in one cigarette, the appellant was charged with, convicted of, and punished for,…