United States v. Hopkins

DECISION

MURDOCK, Judge:

This case presents an unusual question about presentencing instructions. The appellant was found guilty of marijuana use pursuant to his pleas of guilty. During the Article 39(a), U.C.M.J., session on presentencing instructions the defense counsel submitted a proposed instruction on the effect of a bad conduct discharge. We hold that the military judge was within his discretion in declining to give the requested instruction.

For several years Air Force military judges have been encouraged to use the instructions found in the Military Judges’ Benchbook, Department of Army…