Legal Opinion

United States v. Baier

Court of Appeals for the Armed Forces

Decided January 3, 2005No. 04-0340/MCPublishedCited by 132 opinions

1Opinion of the Court

Chief Judge GIERKE

delivered the opinion of the Court.

This case concerns the legal standard that the Courts of Criminal Appeals use when carrying out their responsibility under Article 66(e) of the Uniform Code of Military Justice 1 (UCMJ), 10 U.S.C. § 866(c), to ensure that a sentence is appropriate. The lower court’s opinion quotes an incorrect standard for determining sentence appropri ateness. In using that language, however, the lower court cited a 19-year-old summary disposition of this Court that was marred by a mistaken and misleading citation. That mistake is a weed in the garden of…

2Cases cited8 opinions

  1. United States v. SnellingUnited States Court of Military Appeals · 1982
  2. United States v. HealyUnited States Court of Military Appeals · 1988
  3. United States v. LanfordUnited States Court of Military Appeals · 1955
  4. United States v. MatthewsUnited States Court of Military Appeals · 1983
  5. United States v. BauerbachArmy Court of Criminal Appeals · 2001

3 more not listed; retrieve them via the Exa API.

3Cited by132 opinions

  1. United States v. MoffeitCourt of Appeals for the Armed Forces · 2006
  2. United States v. LeblancUnited States Air Force Court of Criminal Appeals · 2015
  3. United States v. SagerCourt of Appeals for the Armed Forces · 2017
  4. United States v. RoachCourt of Appeals for the Armed Forces · 2008
  5. United States v. Al BahlulUnited States Court of Military Commission Review · 2011

127 more not listed; retrieve them via the Exa API.

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