United States v. Lymburner

DECISION

MURDOCK, Judge:

The appellant was found guilty, pursuant to his pleas, of ten specifications of fraudulently making checks without sufficient funds, in violation of Article 123a, UCMJ, 10 U.S.C. § 923a and of desertion.

The appellant initially asserted that the government had unnecessarily delayed bringing the case to trial, in violation of R.C.M. 707, by conducting a sanity board when the appellant’s sanity was not in issue. This issue was completely litigated at trial and resolved against the appellant. We will not overturn that proper result. R.C.M. 707(c)(1)(A). United States v.…