United States v. Joyner

KEAN, Judge, joined by PEARSON, Judge

(dissenting):

We view the sentence in this case as inappropriately severe, both legally and factually. We would modify the sentence to disapprove the bad-conduct discharge.

We agree with the majority’s assertion that the killing of a human being, even if caused by negligence, is a serious matter. But, this begs the question. All negligent homicides involve the death of a human being; so this fact alone does not help distin*968guish this offense, in terms of seriousness, from other negligent homicides. Likewise, we agree with the majority that the victim was an…