Logan A. McLeod v. United States

The William M. (Mac) Thornberry National Defense Authorization Act (NDAA) for Fiscal Year 2021, Pub. L. No. 116-283, § 542(b), 134 Stat. 3388, 3611 (2021), added a new subsection to Article 67(c), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 867(c). The new language incorporated factual sufficiency review—an authority that was previously held exclusively by military Courts of Criminal Appeals—into the portion of the statute pertaining to the review authority of the United States Court of Appeals for the Armed Forces (CAAF). In United States v. Csiti, 85 M.J. 414 (C.A.A.F. 2025), the CAAF, relying on an older portion of Article 67(c), UCMJ, concluded that the new language added under the FY 2021 NDAA did not expand factual sufficiency review to the CAAF. The question presented: Whether the United States Court of Appeals for the Armed Forces has statutory authority to hold that a conviction is factually insufficient under 10 U.S.C. § 867(c)(1)(C).