
    UNITED STATES, Appellee v DANIEL W. GIBSON, Fireman Recruit, U. S. Navy, Appellant
    22 USCMA 344,
    46 CMR 344
    No. 26,530
    June 8, 1973
    
      Lieutenant Kenneth N. Beth, JAGC, USNR, was on the pleadings for Appellant, Accused.
    
      Lieutenant Colonel G. L. Bailey, USMC, and Lieutenant Colonel L. K. O’Drudy, Jr., USMC, were on the pleadings for Appellee, United States.
   Opinion

Quinn, Judge:

As the confinement imposed upon the accused was one-sixth that authorized by law, I am convinced that the evidence of previous convictions did not influence the members of the special court-martial to adjudge the sentence they did. Accordingly, the decision of the Court of Military Review is affirmed.

Chief Judge Daeden

(concurring) :

I concur in the result for the reasons set forth in my separate opinion in United States v Alderman, 22 USCMA 298, 46 CMR 298 (May 25, 1978).

Duncan, Judge

(dissenting):

Although the 1-month confinement at hard labor which the appellant was sentenced to serve was only one-sixth of the maximum confinement imposable by this special court-martial, he was also awarded a bad-conduct discharge for a single specification alleging an absence without leave for 49 days. In this posture of the record, I am unable to state that the sentence might not have been different if the court had been aware that the evidence of previous convictions “had been unconstitutionally obtained.” United States v Tucker, 404 US 443, 448 (1972). See my separate opinion in United States v Alderman, 22 USCMA 298, 46 CMR 298 (May 26, 1973).  