Army Court of Criminal Appeals

United State v. Baba should be read because of its treatment of Army Regulation 600-25. The appellant was alleged to have possessed controlled prescription medications past their expiry date. Dissecting the regulation, the court finds factual insufficiency in showing the wrongfulness of possession in that circumstance. The court affirmed his convictions for stealing drugs from the pharmacy.

NOTE: The CAAF Daily Journal for 6 July shows a petition for review filed. 

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United States v. Tate is a 'verbatim record' case.

20 September 2018, the appellant was sentenced to 22 months, RiR to E-3, and a BCD. (Appellant's brief.) The two issues on appeal were the MJ allowing the government to present its sentencing case a second time and whether the CA improperly approved the sentence without a "substantially verbatim transcript."

On 25 September 2020 a 2-1 majority of the ACCA set-aside the sentence but after a reconsideration en banc, in  a 5-2 opinion (written by the dissenting judge in the first decision), affirmed the findings and sentence .

On 23 May 2022, the CAAF agreed with the orinial panel and set-aside the sentence and ordered a rehearing on sentence. 82 M.J. 445 (C.A.A.F. 2022).

A rehearing was held and the MJ sentenced the Appellant to the same 22 months, with one month credit for excessive post-trial delay.

An empty remedy for the Appellant. He likely would have been released at his MRD in plus or minus 18.3 months. However, he still may have remained on MSRP for the full 22 months and not received any benefit from the one month credit.

In accordance with DoDI 1325.07, “Administration of Military Correctional Facilities and Clemency and Parole Authority:” If you are not approved for or you have not accepted parole, you may be reviewed by your Military Department Clemency and Parole Board (C&PB) for release at your minimum release date under MSR. MSR is similar to parole. A prisoner released on MSR through good conduct time (GCT) and abatement credits is subject to supervision by a U.S. probation officer up to the full-term of the sentence imposed.