United States v. Fjermestad

Opinion of the Court

Per Curiam :

This case was before us previously, and we reversed, returning the record to the board of review for reassessment of the sentence in light of the instructional ei;ror pertaining to the punishment. See United States v Fjermestad, 17 USCMA 287, 38 CMR 85. On reconsideration, thé board which reheard the case included a *481member who had acted as counsel for the United States in the previous proceedings. The Government concedes error as to this matter and asks that the case be remanded for consideration by a properly constituted board.

While we accept the Government’s…