| Coast Guard Court of Criminal Appeals | UNITED STATES V KASPRZYK - UNPUBLISHED | Appellant was tried by special court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of one specification of conspiracy, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of making a false official statement, in violation of Article 107, UCMJ; and one specification each of wrongful use of cocaine, wrongful introduction of cocaine onto an installation used by or under the control of the armed forces, wrongful distribution of cocaine, wrongful use of marijuana, and wrongful distribution of marijuana, all in violation of Article
112a, UCMJ. The military judge sentenced Appellant to confinement for eight months, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence
as adjudged but suspended all confinement in excess of four months until 8 July 2008, pursuant to the terms of the pretrial agreement. | Docket No. 1287 | Coast Guard Court of Criminal Appeals | 2/5/2009 | 2/5/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V NAPUTI | Appellant was tried by general court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of one specification of violating 18 U.S.C. § 2251(a), by wrongfully and knowingly possessing child pornography, in violation of Article 134, Uniform Code of Military Justice (UCMJ), and of one specification of dereliction of duty, in violation of Article 92, UCMJ. The military judge sentenced Appellant to be discharged from the Coast Guard with a dishonorable discharge, reduction to E-1, forfeiture of all pay and allowances, and confinement for three years. Pursuant
to the terms of the pretrial agreement, the Convening Authority reduced the dishonorable discharge to a bad-conduct discharge and suspended all confinement in excess of eighteen
months for a period of twelve months from the date Appellant is released from confinement. | Docket No. 1286 | Coast Guard Court of Criminal Appeals | 12/16/2008 | 12/16/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V NAPUTI II - 68 MJ 538 | Appellant was tried by general court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of one specification of violating 18 U.S.C. 2252A(a)(5)(B) by knowingly and wrongfully possessing child pornography, in violation of Article 134, Uniform Code of Military Justice (UCMJ); and one specification of dereliction of duty, in violation of Article 92, UCMJ. The military judge sentenced Appellant to confinement for three years, forfeiture of all pay and allowances, reduction to E-1, and a dishonorable discharge. Pursuant to the terms of the pretrial agreement, the Convening Authority reduced the dishonorable discharge to a bad-conduct discharge and suspended all confinement in excess of eighteen months for a period of twelve months from the date Appellant is released from confinement. | Docket No. 1286 | Coast Guard Court of Criminal Appeals | 7/29/2009 | 7/29/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V JONSSON - 67 MJ 624.PDF | Appellant was tried by special court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of two specifications of false official statement, in violation of Article 107, Uniform Code of Military Justice (UCMJ); and one specification of adultery, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for thirty days, forfeiture of $1,261 for one month, and reduction to E-3. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the adjudged sentence. | Docket No. 1285 | Coast Guard Court of Criminal Appeals | 1/30/2009 | 1/30/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V HUPP - UNPUBLISHED | Appellant was tried by general court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of one specification each of violating 18 U.S.C. § 2252A by receiving child pornography, and violating 18 U.S.C. § 2252A by possessing child pornography, in violation of Article 134, Uniform Code of Military Justice (UCMJ); and one specification of failure to obey a lawful order, in violation of Article 92, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for thirty-two months, forfeiture of all pay and allowances, and reduction to E-1. The Convening Authority approved the sentence as adjudged, and suspended the reduction to E-1 until the date of release from confinement. The pretrial agreement had no effect on the sentence. Appellant was credited with 75 days of credit for pretrial confinement. | Docket No. 1284 | Coast Guard Court of Criminal Appeals | 1/26/2009 | 1/26/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V KAHALLEY - UNPUBLISHED | Appellant was tried by general court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of the following offenses: one specification of conspiracy, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of breach of peace, in violation of Article 116, UCMJ; one specification of assault with a dangerous weapon, in violation of Article 128, UCMJ; and one specification each of resisting civil apprehension and reckless endangerment, both in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for two years, and reduction to E-1. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the adjudged sentence. | Docket No. 1283 | Coast Guard Court of Criminal Appeals | 1/23/2009 | 1/23/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V CHEN - UNPUBLISHED | Appellant was tried by special court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of one specification of willfully disobeying a superior commissioned officer, in violation of Article 90, UCMJ; one specification of wrongful appropriation and three specifications of larceny, all in violation of Article 121, Uniform Code of Military Justice (UCMJ); one specification of
housebreaking, in violation of Article 130, UCMJ; one specification of wrongfully using marijuana, in violation of Article 112a, UCMJ; one specification of forgery, in violation of Article 123, UCMJ; and one specification each of wrongfully providing alcohol to minors,
wrongfully consuming alcohol while underage, wrongfully entering a parked automobile with intent to steal, and wrongfully giving a stolen firearm to another, all in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for twelve months, forfeiture of two-thirds pay per month for twelve months, and reduction to E-1. The Convening Authority approved only so much of the sentence as provides for a bad-conduct discharge, twelve months of confinement, reduction to E-1, and forfeiture of $802.00 pay per month for twelve months, and suspended confinement in excess of ten months for twelve months from the date the accused is released from confinement, pursuant to the terms of the pretrial agreement. | Docket No. 1282 | Coast Guard Court of Criminal Appeals | 12/9/2008 | 12/9/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V TUSCAN CORRECTED - 67 MJ 592 | Appellant was tried by general court-martial composed of officer and enlisted members. Contrary to his pleas, Appellant was convicted of one specification each of assault with an unloaded firearm and assault consummated by a battery, in violation of Article 128, Uniform
Code of Military Justice (UCMJ). The members sentenced Appellant to a bad-conduct discharge, confinement for twelve months, and reduction to E-1. The Convening Authority approved the sentence as adjudged. | Docket No. 1281 | Coast Guard Court of Criminal Appeals | 12/9/2008 | 12/9/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V COKER - 67 MJ 571 | Appellant was tried by general court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of the following
offenses: two specifications of attempt to commit indecent liberties with a child, in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of fraudulent appointment,
in violation of Article 83, UCMJ; one specification of assault consummated by a battery against a child, in violation of Article 128, UCMJ; two specifications of conduct unbecoming an officer, in
violation of Article 133, UCMJ; and four specifications of indecent acts or indecent liberties with a child, one specification of violating 18 U.S.C. § 2252A by receiving child pornography, and one
specification of kidnapping, all in violation of Article 134, UCMJ. The military judge sentenced Appellant to dismissal from the Coast Guard, total forfeitures, and confinement for thirty years,
against which he ordered credit for 132 days of pretrial confinement. The Convening Authority approved the sentence as adjudged, suspended the confinement in excess of twelve years until six months after Appellant is released from confinement, pursuant to the pretrial agreement, and applied 132 days of pretrial confinement credit against the approved confinement in accordance with United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1280 | Coast Guard Court of Criminal Appeals | 11/21/2008 | 11/21/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V HARRIS - 67 MJ 550 | Appellant was tried by special court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of one specification each of wrongfully distributing MDMA (ecstasy), wrongfully using MDMA (ecstasy), and wrongfully using cocaine, all in violation of Article 112a, Uniform Code of Military Justice (UCMJ); and one specification of making a false official statement, in violation of Article 107, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for ninety days, forfeiture of $800 per month for three months, and reduction to E-1. The Convening Authority approved the sentence as adjudged and suspended confinement in excess of sixty days for a period of twelve months from the date of the Convening Authority’s
action, pursuant to the terms of the pretrial agreement. | Docket No. 1279 | Coast Guard Court of Criminal Appeals | 10/17/2008 | 10/17/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BLAIR - 67 MJ 566 | Appellant was tried by general court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of three specifications of violating a lawful general order, in violation of Article 92, Uniform Code of Military Justice (UCMJ); nine specifications of making a false official statement, in violation of Article 107, UCMJ; one specification of neglectful damage to military property, in violation of Article 108, UCMJ; and the following in violation of Article 134, UCMJ: one specification of wrongfully recruiting for, soliciting membership in, and promoting activities of the Ku Klux
Klan while publicly displaying an affiliation with the Armed Services; one specification of violating Massachusetts General Laws, Chapter 269 § 10(m) and 18 U.S.C. § 13 by wrongfully
possessing a large capacity firearm; one specification of violating Massachusetts General Laws, Chapter 269 § 10(h) and 18 U.S.C. § 13 by wrongfully possessing seven dangerous weapons; one specification of violating 26 U.S.C. §§ 5845(a), 5861(d), and 5871 by unlawfully knowingly receiving and possessing a firearm that is a destructive device (an explosive bomb); one specification of being drunk and disorderly; three specifications of wrongfully endeavoring to impede an investigation; and one specification of willfully and unlawfully altering a public record. The military judge sentenced Appellant to a bad-conduct discharge, confinement for one year, and reduction to E-3. The sentence was unaffected by the pretrial agreement, and the Convening Authority approved it as adjudged. | Docket No. 1278 | Coast Guard Court of Criminal Appeals | 11/13/2008 | 11/13/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V ROAN - UNPUBLISHED | Appellant was tried by general court-martial composed of members. Contrary to his pleas, Appellant was convicted of four specifications of false official statement, in violation of Article 107, Uniform Code of Military Justice (UCMJ); and one specification of larceny, in violation of Article 121, UCMJ. Two of the specifications of false official statement were held to be multiplicious for sentencing purposes. The court sentenced Appellant to be confined for thirty days and to be dismissed. The Convening Authority approved the sentence as adjudged. | Docket No. 1277 | Coast Guard Court of Criminal Appeals | 7/23/2008 | 7/23/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V GOMEZ - 66 MJ 663.PDF | Appellant was tried by general court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of one specification of violating a lawful general order, in violation of Article 92, Uniform Code of Military Justice (UCMJ); one specification of unauthorized absence, in violation of Article 86, UCMJ; and one specification of obstruction of justice, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for twenty-four months, forfeiture of all pay and allowances, and reduction to E-1. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the adjudged sentence. | Docket No. 1276 | Coast Guard Court of Criminal Appeals | 6/6/2008 | 6/6/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V SMITH - 66 MJ 556 | Appellant was tried by general court-martial composed of members. Contrary to his pleas, Appellant was convicted of one specification of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of attempted failure to obey a lawful order, in violation of Article 80, UCMJ; one specification of sodomy, in violation of Article 125, UCMJ; one specification of extortion, in violation of Article 127, UCMJ; and one specification of indecent assault, in violation of Article 134, UCMJ. The court sentenced Appellant to a dismissal, confinement for six months, and forfeiture of all pay and allowances. The Convening Authority approved the sentence as adjudged. | Docket No. 1275 | Coast Guard Court of Criminal Appeals | 4/9/2008 | 4/9/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V VICKREY - UNPUBLISHED | Appellant was tried by general court-martial composed of members. Contrary to his pleas, Appellant was convicted of one specification of rape, in violation of Article 120, Uniform Code of Military Justice (UCMJ). The court sentenced Appellant to confinement for five years, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged and waived the forfeiture of all pay and allowances in favor of Appellant’s dependents as allowed by Article 58b(b), UCMJ, for six months. | Docket No. 1274 | Coast Guard Court of Criminal Appeals | 6/10/2008 | 6/10/2008 | | 10/30/2017 |