United States v. Mamaluy

I concur with the principal opinion’s disposition of the first issue.

However, I dissent on the disposition of the second issue. As the majority opinion notes, the law of-ficer’s instructions, were erroneous. However, it finds no prejudice because of the leniency of the sentence. It concludes:

“There is no real value in reciting generalities to courts-martial. They should operate on facts, and instructions should be tailored to fit the particular record. Obviously, the difficulty with these instructions is that they pose theories which are not supported by testimony and which operate as a…