United States v. Brantner

I concur with Judge McClelland in all but her treatment of the vagueness issue. In my view, the order in the specifications under Charge I is unconstitutionally vague. I am led to this conclusion by the quoted guideposts from Grayned v. City of Rockford, 408 U.S. 104, 92 S.Ct. 2294, 33 L.Ed.2d 222 (1972), which Judge McClelland has set out in her opinion. Were it not for U.S. v. Brooks, 20 USCMA 28, 42 CMR 220, 1970 WL 7051 (1970), I would find the regulation in question unenforceable as a punitive general order. Such a holding would not preclude us from affirming lesser included offenses…