I agree with you.
But, what is actually being "appealed"? I do not believe that the appeal will involve a trial; that is, the appeal only involves a review of the mechanics of the military tribunal (I am guessing here), its not an appeal that essentially "retries the case". If that's what it is, then forget it, why have the military tribunal in the first place if some automatic right of appeal gets you a US criminal trial anyway. Graham can't be this dumb, I think what is being appealed is whether the construct of the military tribunal was legitimate - in other words, that's its not just some "Ronnie Earle" style trial.
In essence, a Federal Court having the right to negate a sentence handed down by a supposed independent military court, in cases involving non-US citizens committing acts of aggression against US interests. That is my interpretation. This in my opinion clearly shows the military court is no longer in control of cases supposedly within it's jurisdiction.