United States v. Christopher

(concurring in part and dissenting in part) :

I concur in part and dissent in pai't.

I agree that, under the particular circumstances of this case, the board of review did not abuse its discretion in choosing to reassess the sentence imposed by the court-martial rather than to order a rehearing on the sentence. Nevertheless, I entertain some substantial doubt concerning whether the problem before us really involves whether this Court — to which Congress had confided only jurisdiction over questions of law — has the authority to upset an honest determination by the board that a legally proper…