U.S. v. Savage, 50 M.J. 244

First Principles: Constitutional Matters: Double Jeopardy

1. a lesser-included offense is legally the same as the greater offense for purposes of the Double Jeopardy Clause

Core Criminal Law Subjects: Crimes: Art. 112a -- Wrongful Use, Possession, etc, of Controlled Substances Pre-2019 offenses

1. possession of a controlled substance with the intent to distribute that substance is a lesser-included offense of distribution of the controlled substance, and Congress did not intend to punish a servicemember twice for essentially the same act

Trial Stages: Pretrial: Charges and Specifications

1. distribution of a controlled substance necessarily includes possession with the intent to distribute, and Congress did not intend to punish a servicemember twice for essentially the same act

Trial Stages: Appeals: Preservation of Error / Plain Error

1. unauthorized conviction of both lesser-included and greater offenses is plain error because the dual convictions have adverse collateral consequences and constitute unauthorized punishment in and of themselves

Miscellaneous Matters: Multiplicity and Lesser Included Offenses: Multiplicity

1. distribution of a controlled substance necessarily includes possession with the intent to distribute, and Congress did not intend to punish a servicemember twice for essentially the same act