United States v. Timberlake

OPINION OF THE COURT

DeFORD, Judge:

The appellant was convicted by a military judge sitting as a general court-martial of possession and distribution of heroin, possession of drug paraphernalia and possession of marijuana in violation of Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934.

The appellant among several assignments of error contends that the military judge committed error in that Specification 1, possession of heroin and Specification 2, distribution of heroin were not considered multiplicious for sentence purposes. He further contends that error was committed…