Legal Opinion · Dissent

United States v. Richardson

U.S. Navy-Marine Corps Court of Military Review

Decided May 8, 1979No. NCM 78 1298Published

1DissentGranger, Judge

Article 66, Uniform Code of Military Justice, establishes the scope of this Court’s review of courts-martial. In a case referred to it, this Court may act only with respect to the findings and sentence. Id. My colleagues correctly affirm the findings and sentence. Any error in the computation of appellant’s release date does not render the sentence illegal. See United States v. Lamer, 1 M.J. 371, 373 (C.M.A.1976); Lee v. United States, 400 F.2d 185 (9th Cir. 1968). It is plain, therefore, that, whether they know it or not, the relief my colleagues order herein is extraordinary relief. Indeed,…

2Cases cited5 opinions

  1. Kurtz v. MoffittSupreme Court of the United States · 1885
  2. Ex Parte Tom TongSupreme Court of the United States · 1883
  3. United States v. LarnerUnited States Court of Military Appeals · 1976
  4. Morris Wilbur Lee v. United StatesCourt of Appeals for the Ninth Circuit · 1968
  5. Tuttle v. Commanding OfficerUnited States Court of Military Appeals · 1972

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