United States v. Harwood

46 M.J. 26 (1997)

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United States v. Harwood

United States Court of Appeals for the Armed Forces
46 M.J. 26 (1997)

Facts

Harwood, an officer, engaged in a sexual relationship with an enlisted airman under her supervision. Based on this relationship, Harwood was charged with fraternization pursuant to Article 134 of the Uniform Code of Military Justice (UCMJ) and with conduct unbecoming an officer pursuant to Article 133 of the UCMJ. The two charges were based on the same factual conduct and used identical language to describe the conduct. Specifically, both charges alleged that Harwood hugged, kissed, and engaged in sexual intercourse with the airman over a period of six weeks. Harwood pleaded guilty to both charges, and the military judge accepted both pleas. However, the military judge found that the charges were multiplicitous for sentencing purposes and sentenced Harwood only for conduct unbecoming an officer. The Court of Criminal Appeals affirmed. Harwood appealed to the United States Court of Appeals for the Armed Forces, arguing that the military judge had erred by failing to find Harwood’s convictions multiplicitous.

Rule of Law

Issue

Holding and Reasoning (Sullivan, J.)

Concurrence (Cox, C.J.)

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