United States v. Ray

To the extent that the majority opinion states that multiplicity is not an issue in this ease, I can agree. However, I respectfully dissent from the remaining positions taken and result reached by the majority. This case involves the application of the principle of preventing an unreasonable multiplication of charges and thus ensuring a fair result for an accused and does not involve the issue of multiplicity.

I agree with Judge Rolph that multiplicity is a legal concept that applies only to the issue of whether multiple convictions and punishment may be imposed under different statutes for…