Fen Guang Chen v. Mukasey

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• sentencing proceeding “not intended to be a vehicle to make an administrative decision about whether an accused should be retained or separated”
• prohibiting direct testimony and inferences regarding the appropriateness of a punitive discharge
• discussing a parallel requirement found in R.C.M. 1001(b)(5)(B) that “the opinion envisioned by R.C.M. 1001(b)(5) can only be expressed by a witness who has a rational basis for his conclusions, founded upon the accused’s service performance and character”
• discussing a parallel requirement found in R.C.M. 1001(b)(5)(B) that “the opinion envisioned by R.C.M. 1001(b)(5) can only be expressed by a witness who has a rational basis for his conclusions, founded upon the accused’s service performance and character”
• “The question of appropriateness of punishment is one which must be decided by the court-martial; it cannot be usurped by a witness.”
• “The question of appropriateness of punishment is one which must be decided by the court-martial; it cannot be usurped by a witness.”

Source: CourtListener parenthetical corpus (CC0).