The Coast Guard Court has issued a 4-page published opinion dealing with sentence disparity review where two closely related cases are disposed of at different fora (SPCM vs. SCM).  United States v. Montuoro, __ M.J. ___, No. 1307 (C.G. Ct. Crim. App. Nov. 12, 2009).  Chief Judge McClelland wrote for a unanimous panel.

One Response to “CGCCA on sentence disparity analysis”

1. Cloudesley Shovell says:

   November 13, 2009 at 7:13 am

   Nice emphasis by the Coast Guard court on the standard–rational basis. That very low standard sometimes gets obscured in this types of cases.

   I also like the fact that the Court avoided considering facts not in evidence. All too often parties seek to expand the record on appeal, and the appellate courts are all to willing to do so, thanks to the painfully cumbersome DuBay process.