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 AFCCA’s unpublished decision in the case is available here.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.)