United States v. Kelly

MOLLISON, Senior Judge:

The principal issue in this appeal from a special court-martial conviction is whether restrictions on admitting records of prior nonjudicial punishments and summary courts-martial during the presentencing procedure of a subsequent court-martial, as stated in United States v. Booker, 5 M.J. 238 (C.M.A.1977), should continue to be applied in light of Nichols v. United States, — U.S. -, 114 S.Ct. 1921, 128 L.Ed.2d 745 (1994). We conclude they should not. Accordingly, we affirm the appellant’s conviction and sentence.

I

Consistent with his pleas, the appellant was convicted…