United States v. Haveriland

(concurring in the result) :

I concur in the result.

The Court’s opinion is so broad that I am forced to speculate whether it is intended to repudiate the doctrine announced in United States v Brown, 8 USCMA 255, 24 CMR 65. Furthermore, I am certain the Services will be confused, for we state: “Solicitation of another to commit an offense . . . is punishable by confinement for not more than four months.” If such is the law, then we erred in Brown, for there we unanimously upheld an instruction by the law officer that the court members could impose the maximum sentence authorized for the offense…