United States v. Gold

Opinion of the Court

DARDEN, Judge:

Evidence introduced to prove the intent to desert as charged also suggested that Gold had violated brig regulations. The law officer erred, therefore, by not including appropriate limiting instructions in his presen-tencing advice to the members of this general court-martial. (United States v Mallard, 19 USCMA 457, 42 CMR 59 (1970).)

Because the appellant received the maximum sentence imposable, we cannot be sure that this instructional failure did not work to the appellant’s prejudice. The confinement has been reduced during the appellate process but had the…