United States v. Thompson

This Court should not resolve the granted issues concerning the military crime of burglary solely on the basis of the “any obstruction” language of paragraph 55c(2), Manual for Courts-Martial, United States, 1984. A presidential regulation cannot dictate the scope or meaning of a congressional enactment such as Article 129, Uniform Code of Military Justice, 10 USC § 929. See United States v. Watson, 31 MJ 49, 52 (CMA 1990). The proper basis for construing this Federal statute is that noted by Congress itself, namely: the common law of burglary at the time our Code was enacted. United States…