Friday, January 26, 2007

New CAAF opinion

There is a new opinion on CAAF's web site -- United States v. Green, No. 06-0520/AR.

4 comments:

No Man said...

The whole exchange in Green about the Charlie Daniels song and the part about missing the commandment on adultery are priceless, but I agree with Judge Effron, not the stuff of reversal of a sentence. Does anyone know Judge Swan, and how do I get him to do stand up for our next command function?

CAAFlog said...

I do know Bob Swann -- now retired. He was the same judge whose statements at a Bridging the Gap session led to sentence relief in United States v. McNutt, 62 M.J. 16 (C.A.A.F. 2005).

John O'Connor said...

Judge Swann needed to follow the maxim of a judge I practiced in front of (God rest his soul): in judge-alone sentencing, sustain all defense objections, overrule all government objections, and say nothing that's not written in the Benchbook, which basically lets you do whatever you want on sentence without fear of appellate review.

Bill Cassara said...

Bob Swann is a good judge. He was not the world's most politically correct guy, and he spoke his mind, but he was fair and rational. Can't ask for much more.