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Legal Opinion

United States v. Kelly

Court of Appeals for the Armed Forces

Decided September 30, 1996No. 95-0625; Crim.App. No. 94 00169PublishedCited by 28 opinions

1Opinion of the Court

Opinion

EVERETT, Senior Judge:

This case comes to us on appellant’s granted petition (43 MJ 172), see Art. 67(a)(3); Uniform Code of Military Justice, 10 USC § 867(a)(3) (1994), asking us to review the decision below in which a majority of the Court of Criminal Appeals, sitting en banc, were “of the view” that it no longer was bound by this Court’s decision in United States v. Booker, 5 MJ 238 (1977), as modified by United States v. Mack, 9 MJ 300 (1980). 41 MJ 833, 844 (1995). The court below reached that conclusion after attempting to analyze the decisional bases of those opinions and…

2Cases cited8 opinions

  1. Davis v. United StatesSupreme Court of the United States · 1994
  2. Nichols v. United StatesSupreme Court of the United States · 1994
  3. Weiss v. United StatesSupreme Court of the United States · 1994
  4. United States v. BookerUnited States Court of Military Appeals · 1977
  5. United States v. MackUnited States Court of Military Appeals · 1980

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3Cited by28 opinions

  1. United States v. TownesCourt of Appeals for the Armed Forces · 2000
  2. United States v. MarshallCourt of Appeals for the Armed Forces · 1996
  3. United States v. BarnesNavy-Marine Corps Court of Criminal Appeals · 2000
  4. United States v. PlumbUnited States Air Force Court of Criminal Appeals · 1997
  5. United States v. GammonsU S Coast Guard Court of Criminal Appeals · 1998

23 more not listed; retrieve them via the Exa API.

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