United States Court of Military Appeals, 1969

United States v. Simmons

United States v. Simmons
United States Court of Military Appeals · Decided May 29, 1969 · Darden, Quinn
18 C.M.A. 374; 18 USCMA 374; 40 C.M.R. 86; 1969 CMA LEXIS 798; 1969 WL 6014
United States v. Simmons

Opinion of the Court

Opinion of the Court

DARDEN, Judge:

For the reason set forth in United States v Wright, 18 USCMA 348, 40 CMR 60, we here find no fault in the president’s instructions on sentencing as to matters that “logically” lend themselves to either the adjudging of a more severe sentence or a more lenient one.

We affirm the decision, of the board of review.

Chief Judge Quinn concurs.

Dissenting Opinion

Ferguson, Judge

(dissenting):

1 dissent. See my dissenting opinion in United States v Wright, 18 USCMA 348, 351, 40 CMR 60, 63.

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