United States v. Johnson

OPINION OF THE COURT

JONES, Senior Judge:

The charges against appellant1 were referred to a general court-martial for a joint trial with four co-accused. As he did at trial, appellant asserts on appeal that he was denied his right to a speedy trial. The Government concedes that appellant spent 106 days in pretrial confinement attributable to these offenses.2 However, it contends that the rule and remedy announced in United States v. Burton, 21 U.S.C.M.A. 112, 44 C.M.R. 166 (1971), should not be applied.

Both facets of the Burton ease are relevant here. Appellant was confined in excess of ninety…