United States v. Robinson

Although not expressly raised as an issue on appeal, I find no violation of the appellant’s 6th Amendment right to a speedy trial. Weighing the factors set forth in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), I find no prejudice to the substantial rights of the appellant, particularly since he was not in pretrial confinement.

Also, I find no violation of Rule for Courts-Martial 707, Manual for Courts-Martial, United States (1995 ed.)[hereinafter R.C.M.] The majority opinion has appeal in logic, and I am concerned about the “learning point” which might be drawn from…