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Legal Opinion

United States v. Stein

United States Court of Military Appeals

Decided April 23, 1971No. 23,553PublishedCited by 9 opinions

1Opinion of the Court

Opinion of the Court

Darden, Judge:

The appellant escaped from correctional custody on March 20, 1970, and then departed from the Great Lakes, Illinois, Naval Training Center, on a 10-day unauthorized absence. Afterward he was convicted on his plea by a military judge at a special court-martial for the escape and the unauthorized absence. The question before us relates to the multiplicity of these offenses.

Because Stein’s escape also marked the start of the unauthorized absence, only one of the offenses is usable for sentencing. United States v Schwartz, 19 USCMA 431, 42 CMR 33 (1970); United…

2Cases cited9 opinions

  1. United States v. MontgomeryUnited States Court of Military Appeals · 1970
  2. United States v. PosnickUnited States Court of Military Appeals · 1957
  3. United States v. ModesettUnited States Court of Military Appeals · 1958
  4. United States v. WeaverUnited States Court of Military Appeals · 1970
  5. United States v. PearsonUnited States Court of Military Appeals · 1970

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

3Cited by9 opinions

  1. United States v. MabryU.S. Army Court of Military Review · 1975
  2. United States v. GudelU S Air Force Court of Military Review · 1984
  3. United States v. FriedmanU S Coast Guard Court of Military Review · 1982
  4. United States v. DotsonU S Coast Guard Court of Military Review · 1979
  5. United States v. TestoriU.S. Navy-Marine Corps Court of Military Review · 1992

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

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