United States v. Pratcher

I agree with the majority as to multiplicity and the absence of any requirement for special findings here. I dissent as to their disposition of this case.

It appears from the record that Lieutenant Bannister, and perhaps Captain Wisda, converted appellant’s automobile by turning it over to an alleged creditor with no apparent authority. Appellant’s unfortunate reaction to this situation and encounter with Lieutenant Bannister is the basis for his court-martial. It is an element in two issues in this case, sentence appropriateness and Lieutenant Bannister’s possible abandonment of his office.…