Enzor v. United States

Ferguson, Judge'

(dissenting) :

I dissent.

In order to deny the appellant the relief he seeks, the principal opinion holds that the accused’s conviction was final on May 5, 1969, the date of the decision of the board of review, despite the fact that the accused did not even receive a copy of that decision until June 9, 1969, some thirty-five days thereafter. Finality on May 5th is necessary to the denial of appellant’s petition because this Court, in Mercer v Dillon, 19 USCMA 264, 265, 41 CMR 264 (1970), held that O’Callahan v Parker, 395 US 258, 23 L Ed 2d 291, 89 S Ct 1683 (1969), would be…