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.
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.
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.