Article 69(d) in the toolbox

United States v. Roberts, ACCA, May 2020.

Click to access sd-roberts,%20dl.pdf

Occasionally a TJAG will refer a subjurisdictional sentence case to the CCA, which is what happened here.

ACCA looked a two issues: sufficiency of the evidence and post-trial delay.

Note, under Article 69(d), UCMJ, the CCA can only review for legal sufficiency and not for factual sufficiency.

Just another reminder that post-trial submissions with Article 38(c) briefs and 69(d) requests should be on the DC scope.

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