United States v. Margelony

I dissent.

On many occasions, there is room for disagreement about the intent of the legislature in enacting a particular statute. See United States v McCormick, 12 USCMA 26, 30 CMR 26. At other times, there can be no doubt about Congressional meaning. See United States v Toutges, 13 USCMA 425, 32 CMA 425; United States v Norris, 2 USCMA 236, 8 CMR 36; United States v Geppert, 7 USCMA 741, 23 CMR 205; and United States v Wilson, 13 USCMA 670, 33 CMR 202. This case so clearly falls into the latter category that I am shocked at the result which my brothers reach. To say that Congress intended to…