
    UNITED STATES, Appellee v WILLIAM G. SIMMONS, Jr., Engineman Third Class, U. S. Navy, Appellant
    18 USCMA 374, 40 CMR 86
    
      No. 21,956
    May 29, 1969
    
      Ca-ptain Frank A. Nelson, JAGC, USN, was on the pleadings for Appellant, Accused.
    
      Colonel C. R. Larouche, USMC, was on the pleadings for Appellee, United States.
   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.

Ferguson, Judge

(dissenting):

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