U.S. v. Noble, 50 M.J. 293

Trial Stages: Appeals: Courts of Criminal Appeals › Generally

1. sentence review function of the Courts of Criminal Appeals does not require sentence comparison with other specific cases except in rare instances in which sentence appropriateness can be fairly determined only by reference to disparate sentences adjudged in closely related cases
2. an appellant may bring to the attention of the Courts of Criminal Appeals other cases with differing dispositions, even though not raising legal issues, for such consideration as the judges of the Courts of Criminal Appeals may deem appropriate
3. Court of Criminal Appeals did not abuse its discretion by pointing to serious charges of which appellant was acquitted in order to describe the basis for the command’s decision to dispose of appellant’s case by court-martial while permitting administrative discharge in another related case with less serious potential charges