United States v. Towns

OPINION OF THE COURT

In a trial before a general, court-martial, the appellant pleaded guilty to three specifications alleging a violation of 21 USC § 841(a)(1).1 During the sentencing portion of the trial, the judge ruled that specification 1 (possession) was multiplicious for sentencing purposes with specifications 2 and 3 (distribution), and that the maximum authorized confinement at hard labor was 10 years.2

Appellate defense counsel contend that the appellant’s pleas were improvidently entered based upon his mistaken belief, apparently shared by his counsel, *601trial counsel, the military…