Here’s the second certified issue from the Judge Advocate General of the Air Force docketed at CAAF this week:

WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED IN FINDING APPELLEE’S SENTENCE INAPPROPRIATELY SEVERE UNDER THE UNIQUE CIRCUMSTANCES OF THIS CASE AND ERRED IN AN ATTEMPT AT EXERCISING APPELLATE CLEMENCY BY REMANDING THE CASE TO THE CONVENING AUTHORITY WITH INSTRUCTIONS THAT THE CONVENING AUTHORITY MAY APPROVE AN ADJUDGED SENTENCE NO GREATER THAN A SUSPENDED BAD CONDUCT DISCHARGE AND A REDUCTION TO THE GRADE OF E-1.

United States v. Humphries, __ M.J. __, No. 10-____ (C.A.A.F. July 14, 2010).  AFCCA’s unpublished decision in the case is available here.  (On 25 June, AFCCA denied the government’s motion for reconsideration en banc.)

7 Responses to “Judge Advocate General of the Air Force certifies sentence appropriateness issue”

  1. Anonymous says:

    Interesting, as much as I agree personally that a BCD is generally too severe for adultery/consensual sodomy, it’s tough to square that with what Congress set as the possible punishments.

    On the one hand, this is the sole type of adultery (sex with a deployed servicemembers spouse) that the military should be involved in.

    On the other hand, the whole adultery as a lesser included offense of rape annoys me to no end.

  2. umm says:

    DESCRIBE why CAAF can review that as an issue of law.

  3. Dwight Sullivan says:

    Anon 1818, Congress never set a possible punishment for adultery.

  4. Anonymous says:

    ooops, I should have said the President. Which I guess does make it less deferential.

  5. Anonymous says:

    Can’t CAAF review AFCCAs reading of Art 66 and the extent of their power?

  6. DC Steve says:

    Isn’t it fair to say that the Congress allowed adultery to be punished “at the discretion of the court” (ie any authorized punishment), but that the president LIMITED the punishment for adultery to a DD, TF, and one year confinement?

    And on that point, if a DD, TF, and one year confinement is authorized, why is the AF Court so upset by giving the accused lesser discharge and no confinement?

    When you sleep with deployed SM’s spouses (and happen to be married yourself), can’t say the punishment is unfair.

  7. Anonymous says:

    Is the CCA actually deciding that the accused’s sentence is inappropriately severe when they have refused to affirm any findings? Is that possible?