James Roy Gosa v. J. A. Mayden, Warden, Federal Correctional Institution, Tallahassee, Florida

CLARK, Circuit Judge:

The sole, inexorable issue presented by this appeal requires us to predict whether the Supreme Court of the United States will apply its decision in O’Callahan v. Parker, 395 U.S. 258, 89 S.Ct. 1683, 23 L.Ed.2d 291 (1969), to comparable proceedings of military courts which reached a stage of complete finality prior to June 2, 1969, the date that decision was announced. The court below reasoned that O’Callahan should be denied retroactive application, 305 F. Supp. 1186. We affirm.

It all started for James Roy Gosa on August 13, 1966. He was then serving as a member of the…