District Judge Thomas Penfield Jackson said in June that Microsoft should be split in two as its sentence for abusing its dominant position in the personal computer operating system market.

BBC: Microsoft appeal decision looms

Hagel also said the Wilkerson case raises the question of whether it is necessary or appropriate "to place the convening authority in the position of having the responsibility to review the findings and sentence of a court-martial, " particularly when military law allows for a rigorous appeal process.

NPR: Hagel To Review Air Force Sexual Assault Case

The amount of the illegal gain plays a large part determining a sentence under the Federal Sentencing Guidelines, from which the prosecutors determine their position on sentencing.

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The Libyans were also infuriated by the U.S. government's position, that al-Megrahi should not be released and should finish his life sentence in jail in Scotland.

CNN: STORY HIGHLIGHTS

In a two-sentence filing, justice department lawyers said the new administration had decided not to change the government's position.

BBC: 'No US rights' for Bagram inmates