United States v. Lumagui

DECISION

RIVES, Judge:

In accordance with his pleas, Sergeant Lumagui was convicted by a special court-martial of one specification of violating a lawful general regulation. Article 92, UCMJ, 10 U.S.C. § 892. The convening authority approved the sentence adjudged by officer and enlisted court members: a bad conduct discharge, confinement for three months, a fine of $2,000 and reduction to the lowest enlisted grade. On appeal, Lumagui contends that his conviction cannot stand because the charged portion of the regulation is fatally overbroad. We disagree and affirm his conviction.

I

We first…