MISCELLANEOUS MATTERS: Multiplicity and Lesser Included Offenses: Generally

2013 (September Term)

United States v. Elespuru, 73 M.J. 326 (whereas multiplicity addresses double jeopardy principles, unreasonable multiplication is aimed at preventing prosecutorial overreaching). 

2009 (September Term)

United States v. Craig, 68 M.J. 399 (an unconditional guilty plea waives multiplicity claims when the offenses are not facially duplicative).

(appellant’s unconditional guilty pleas waived the issue of whether the specifications charging appellant with receipt and possession of the same child pornography were multiplicious, where the specifications were not facially duplicative because appellant received the files of the images on one medium and stored them on another). 


United States v. Anderson, 68 M.J. 378 (if a court, contrary to the intent of Congress, imposes multiple convictions and punishments under different statutes for the same act or course of conduct, the court violates the double jeopardy clause of the Constitution). 

2008 (September Term)

United States v. Gladue, 67 M.J. 311 (the prohibition against multiplicity is grounded in compliance with the constitutional and statutory restrictions against double jeopardy). 

(although the President has prohibited the waiver of certain fundamental rights in a pretrial agreement, neither multiplicity nor the unreasonable multiplication of charges is among them). 

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