Here’s a link to CAAF’s decision in United States v. Garner, No. 12-0282/AR.  CAAF rejected a challenge to the sentence.  It also recommended that the Executive Branch rescrub R.C.M. 1009.  See slip op. at 9 n.5.

Judge Erdmann wrote for the majority, joined by Chief Judge Baker and Judge Ryan.  Judge Stucky concurred in the result while Senior Judge Effron concurred in part and in the result.

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