Fowler v. Wilkinson

The factual background and the question presented in this case are the same as in Jackson v. Taylor, ante, p. 569, decided today. The case reaches us from the Court of Appeals for the Fifth Circuit, 234 F. 2d 615, which had reversed the District Court. We granted certiorari, 352 U. S. 940.

There are additional reasons to those in Jackson v. Taylor advanced for reversal in this case. Fowler contends that the 20-year sentence is arbitrarily severe, even though within the statutory maximum, citing United States v. Voorhees, 4 U. S. C. M. A. 509, 16 C. M. R. 83 (1954). But as we said in Burns v.…