United States v. Jones

DECISION UPON REHEARING

LEONARD, Senior Judge:

In our first consideration of appellant’s case we affirmed findings of guilty to the offense of wrongful use of hashish; however, because of improper trial counsel sentencing argument, we set aside his sentence. United States v. Jones, 30 M.J. 898 (A.F.C.M.R.1990). A rehearing on sentence has been held and the case is before us again with appellant asserting two errors. We find no merit in either assertion.

First, appellant maintains that the military judge erred in refusing to give a defense instruction * that members would be allowed to reconsider…