On Thursday, CAAF granted review of this issue: “WHETHER THE MILITARY JUDGE COMMITTED PLAIN ERROR WHEN HE DID NOT DECLARE SUA SPONTE THAT THE OFFENSES OF RECEIVING AND POSSESSING THE SAME CHILD PORNOGRAPHY WERE MULTIPLICITOUS.” United States v. Craig, __ M.J. ___, No. 09-0759/NA (C.A.A.F. Nov. 19, 2009).
NMCCA’s opinion in the caes is published at 67 M.J. 742 and is available here. While Chief Judge O’Toole wrote the opinion, I note that it was joined by our newest CAAFlog commentator, then-Senior Judge Couch.