United States v. Spencer

MITCHELL, Senior Judge:

Appellant asserts, inter alia, that he received only 2 of the required 3 days credit for pretrial confinement, citing United States v. Allen, 17 M.J. 126 (C.M.A.1984). We agree.

Appellant served pretrial confinement from 3 to 5 January 1990. The military judge sentenced him on 9 February 1990. The parties agree that all officials at trial and afterward gave appellant 2 days of Allen credit. The Government argues that we should apply the various lines of cases interpreting the speedy trial and pretrial confinement law to resolve the issue before us. E.g., United States v.…