Gragg v. United States

OPINION OF THE COURT ON PETITION FOR EXTRAORDINARY RELIEF

EDWARDS, Judge:

Petitioner comes before this Court in search of extraordinary relief under the authority of the All Writs Act, 28 U.S.C. § 1651(a), seeking to be released from confinement. Appellant, in principal reliance on United States v. Heard, 3 M.J. 14 (C.M.A. 1977), and United States v. Lamer, 1 M.J. 371 (C.M.A. 1976), and distinguishing Hart v. Kurth, 5 M.J. 932 (N.C.M.R. 1978), asks this Court to:(1) Give effect to the military judge’s ruling in the case at bar, to wit, that Petitioner be given four months credit on *734his adjudged…