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Article 69(d) in the toolbox
United States v. Roberts, ACCA, May 2020. https://www.jagcnet.army.mil/Apps/ACCAOpinions/ACCAOpinions.nsf/SDD/E0488360186BFBEE8525857600509381/$FILE/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.





