United States v. Towery

OPINION OF THE COURT

COSTELLO, Judge:

Appellant was convicted, contrary to his plea, of possession and sale of heroin in violation of Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934. The sentence as reduced by the convening authority is set out above.

The principal contention before us asserts a violation of the rule of United States v. Burton, 21 U.S.C.M.A. 112, 44 C.M.R. 166 (1971) in that appellant was not brought to trial until the 103rd day following his pretrial confinement. There is no question here of the inception of that incarceration, but we must consider its…