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NMCCA Opinion on Chevron Deference in Criminal Law

9/8/2021

 
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Donald G Rehkopf, Jr.
9/8/2021 10:56:29 am

Perhaps this is why some Members of Congress are mystified with military justice . . . . which they created!
_________

"We set aside and dismiss this specification and the segmented portion of the corresponding sentence. We reassess the unitary and segmented portions of the remaining sentence and conduct an analysis for sentence appropriateness. Finding all of the remaining segmented sentences inappropriate, we affirm the remaining findings and affirm the unitary portion of the sentence, but only affirm the remaining segmented portions of the sentence to the extent they are appropriate."

Anon
9/8/2021 11:02:53 am

Plus, throw in the absurd pseudonyms--officer whiskey!

Former DC
9/10/2021 08:27:26 am

Hopefully Trial Counsel take notice of this and stop inserting absurdly high minimum sentences for the minor accompanying offenses.

There is definitely room for abuse in the new plea agreement process, and this agreement is a prime example.


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