UNITED STATES, Appellee v. KENNETH M. JACOBS, Private, U. S. Marine Corps, Appellant

UNITED STATES, Appellee v KENNETH M. JACOBS, Private, U. S. Marine Corps, Appellant 18 USCMA 369, 40 CMR 81 No. 21,913 May 23, 1969 Captain Frank A. Nelson, JAGC, USN, and Lieutenant Commander E. M. Fulton, Jr., JAGC, USN, were on the pleadings for Appellant, Accused. Captain Charles E. Patterson, USMCR, was on the pleadings for Ap-pellee, United States. [MAJORITY — DARDEN, Judge:] Opinion of the Court DARDEN, Judge: For the reasons 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. [DISSENT — FERGUSON, Judge] FERGUSON, Judge (dissenting): I dissent. I dissent for the reasons set forth in my dissenting opinion in United States v Wright, 18 USCMA 348, 40 CMR 60.