United States v. Cannon

Opinion of the Court

We granted review to determine whether the appellant was prejudiced by the use of a record of conviction by a summary court-martial to allow additional punishment under SECTION B, paragraph 127c, Manual for Courts-Martial, United States, 1969 (Revised edition).

In United States v. Booker, 5 M.J. 238 (C.M.A.1977), the Court concluded that the decision of the United States Supreme Court in Middendorf v. Henry, 425 U.S. 25, 96 S.Ct. 1281, 47 L.Ed.2d 556 (1976), required rejection of summary court-martial convictions for the purpose of the escalation clause of the cited Manual…