United States v. Deshazor

I dissent.

In United States v Searles, 14 USCMA 643, 34 CMR 423, I set forth fully my reasons for concluding that a law officer, or president of a special court-martial, must, in addition to giving a proper instruction on the maximum sentence, advise the court-martial that the multiplicious offenses of which it has convicted the accused are, in reality, one crime. United States v Posnick, 8 USCMA 201, 24 CMR 11. As in Searles, supra, this decision permits the court members to sentence the accused under the impression that he has committed a number of different crimes, so long as they are…