
    UNITED STATES, Appellee v FREDRIK A. DELPRADO, Lance Corporal, U. S. Marine Corps, Appellant
    19 USCMA 489, 42 CMR 91
    No. 22,855
    June 5, 1970
    
      Lieutenant Peter M. Frank, JAGC, USNR, was on the pleadings for Appellant, Accused.
    
      Lieutenant Colonel Charles J. Keener, USMC, was on the pleadings for Appellee, United States.
   Opinion of the Court

DARDEN, Judge:

There is little likelihood that inadmissible evidence of Article 15 punishment (absence without leave) adversely-affected the military judge’s determination of a sentence in this case after the accused had been convicted of wrongfully possessing marihuana on or about March 25, 1969. United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970), and United States v Mainard, 19 USCMA 488, 42 CMR 90 (1970). Accordingly, we affirm the decision of the Court of Military Review.

Chief Judge Quinn concurs.

Ferguson, Judge

(dissenting):

I dissent for the reasons set forth in my separate opinion in United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970).  