CGCCA grants sentence disparity relief in published opinion

CGCCA released two opinions yesterday, though neither is on its web site. One of the two is published. United States v. Tuscan, __ M.J. ___, No. 1281 (C.G. Ct. Crim. App. Dec. 9, 2008). I've posted it here. In Tuscan, the Coast Guard Court rejected a challenge to the timeliness of the government's notice to the defense that a prosecution witness had been immunized. CGCCA also rejected a plain error challenge to a portion of the addendum SJAR. But CGCCA reduced Fireman Machinery Technician Tuscan's sentence due to its disparity with a co-actor's sentence. The reduction, though, consisted of knocking out six months of confinement that Tuscan had already served.