United States v. Baker

This case was remanded to the United States Air Force Court of Military Review for further consideration of sentence appropriateness. 28 MJ 121. That court then reaffirmed the original sentence.

In its per curiam opinion, the court below noted:

Appellate defense counsel argue that a sentence that includes a punitive discharge is excessive given the appellant’s excellent military record and the mitigating circumstances, i.e., marital problems surrounding the offense. They suggest that the “great sums” expended in developing the appellant as a qualified load-master justify giving him an…