United States v. Erby , 2001 CAAF LEXIS 493 ( 2001 )

SULLIVAN, Judge

(concurring):

I am heartened that this Court has finally held in this case and more recently in United States v. White, 54 MJ 469 (2001), that the lower courts have the duty and the jurisdiction to review whether the sentence imposed by a court-martial is being unlawfully increased by prison officials. I have for some time believed this to be true. United States v. Sanchez, 53 MJ 393, 397 (2000) (Sullivan, J., dissenting).