United States v. Allbery

OPINION OF THE COURT

YOUNG, Judge:

Court members convicted appellant of two specifications of making and uttering worthless checks by dishonorably failing to maintain sufficient funds in his checking account. Article 134, UCMJ, 10 U.S.C. § 934 (1988). The court members sentenced appellant to a bad-conduct discharge, confinement for 2 months, and reduction to E-l. Appellant assigns two errors: (1) the offenses are not punishable under the UCMJ because the checks were written to facilitate gambling; and (2) the evidence is factually and legally insufficient to establish appellant was grossly…