United States v. Ouimette

I agree with the majority opinion that where an appellant has exhausted his administrative remedies or where there are “unusual or egregious” circumstances involving conditions of post-trial confinement, this Court has the authority to judicially intervene. United States v. Miller, 46 M.J. 248 (1997). I further agree that this case does not present us with either situation.

However, since I do not believe any further sentencing relief is warranted in this case, I dissent from that portion of the opinion which further reduces the appellant’s period of confinement to nine months.

Relying upon…