United States v. Kirby

This Court’s authority to review findings of fact by the Court of Military Review is limited to determination of whether sufficient evidence supports those findings essential to the decision. United States v. Anderson, 1 M.J. 246 (C.M.A.1976). My reading of the record inclines me to conclude that sufficient evidence supports the Court of Military Review’s determination that English was .acting at the behest, and in furtherance, of the OSI agents’ investigation. But even if I err in that regard, I am impelled to answer the first certified question in the negative because English’s conduct was…