United States v. Roberts, ACCA, May 2020.
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.