United States v. Kelly

77 M.J. 404 (2018)

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United States v. Kelly

United States Court of Appeals for the Armed Forces
77 M.J. 404 (2018)

Facts

Army Sergeant Eric Kelly (defendant) was convicted of raping a fellow servicemember. Article 56 of the Uniform Code of Military Justice (UCMJ) stated that any sentence for someone convicted of certain sex crimes, including rape, must include a punitive discharge from military service. In accordance with Article 56, Kelly’s court-martial sentence included a dishonorable discharge. On appeal, Kelly argued that a punitive discharge was too severe given the case’s mixed circumstances. The Army Court of Criminal Appeals (CCA) held that it could not alter Kelly’s punitive-discharge sentence because it lacked the authority to reduce a mandatory minimum sentence. The Court of Appeals for the Armed Forces reviewed the issue.

Rule of Law

Issue

Holding and Reasoning (Stucky, C.J.)

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Military Law

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