Coast Guard Court of Criminal Appeals | UNITED STATES V BONILLA - 66 MJ 654 | 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 absenting himself and remaining absent from his place of duty, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification each of wrongfully using and distributing marijuana, in violation of Article 112a, UCMJ; and one specification of willfully damaging, without proper authority, military property of the United States, in violation of Article 108, UCMJ. Contrary to his pleas, Appellant was also convicted of one specification of wrongfully communicating a threat to kill or seriously physically injure another, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, forfeiture of all pay and allowances, reduction to E-1, and confinement for 300 days. The Convening Authority approved the sentence as adjudged. | Docket No. 1259 | Coast Guard Court of Criminal Appeals | 6/6/2008 | 6/6/2008 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V WIMETT - UNPUBLISHED | Appellant was tried by special court-martial, military judge alone.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 wrongful disposition of military property, in violation of Article 108, Uniform Code of Military Justice (UCMJ), and three specifications of larceny, in violation of Article 121, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for three months, and reduction to E-2. The Convening Authority approved the sentence as adjudged but suspended all confinement for one year from the date the sentence was adjudged, pursuant to the terms of the pretrial agreement. | Docket No. 1258 | Coast Guard Court of Criminal Appeals | 8/15/2007 | 8/15/2007 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V ARNOLD - UNPUBLISHED | Appellant was tried by general court-martial, military judge alone.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 two specifications of violating 18 U.S.C. 2251(a) by producing child pornography and one specification of wrongfully and knowingly possessing child pornography, all in violation of Article 134, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad-conduct discharge, confinement for seventy-eight months, and reduction to E-1. The Convening Authority approved the sentence as adjudged but suspended all confinement in excess of forty-eight months for twelve months from the date of the Convening Authority’s action, pursuant to the terms of the pretrial agreement. | Docket No. 1257 | Coast Guard Court of Criminal Appeals | 9/19/2007 | 9/19/2007 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V VIEW PER CURIAM | 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 four specifications involving methylenedioxymethamphetamine (MDMA (“Ecstasy”)), a Schedule I controlled substance: one specification for wrongfully using that drug alone, one specification for wrongfully using MDMA (Ecstasy) and methamphetamine, one specification for wrongfully introducing some MDMA (Ecstasy) onto an installation used by the armed forces or subject to the control of the armed forces, and one specification for wrongfully distributing some MDMA (Ecstasy) to SN Steven D. Rothig, USCG, all in violation of Article 112a, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad-conduct discharge,
reduction to E-1, and confinement for 150 days. The Convening Authority approved the | Docket No. 1256 | Coast Guard Court of Criminal Appeals | 5/16/2006 | 5/16/2006 | | 10/25/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V VANTERPOOL - 65 MJ 669 | 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 assault, in violation of Article 128, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad-conduct discharge, confinement for sixteen months, forfeiture of all pay and allowances, and reduction to E-2. The sentence was unaffected by the pretrial agreement, and the Convening Authority approved it as adjudged. | Docket No. 1255 | Coast Guard Court of Criminal Appeals | 7/2/2007 | 7/20/2007 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V JOHNSON - 65 MJ 919 | 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 dereliction of duty, in violation of Article92, Uniform Code of Military Justice (UCMJ); one specification of willful and wrongful damage to personal property owned by another, in violation of Article 109, UCMJ; and one specification each of wrongful use, wrongful distribution, and wrongful introduction of cocaine onto a vessel, aircraft, vehicle, or installation used by the armed forces, all in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for eighteen months, and reduction to E-1. After announcing the sentence, the military judge credited Appellant with 127 days of Allen credit for pretrial confinement served between 25 January 2005 and the date of trial. United States v. Allen, 17 M.J. 126 (C.M.A. 1984). Under the terms of the pretrial agreement, the Convening Authority approved the sentence as adjudged but suspended all confinement in excess of fourteen months for twelve months from the date the accused is released from confinement. | Docket No. 1254 | Coast Guard Court of Criminal Appeals | 2/7/2008 | 2/7/2008 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V SCHIEWE - 64 MJ 703 | 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 larceny and one specification of wrongful appropriation, all in violation of Article 121, Uniform Code of Military Justice (UCMJ); and one specification of housebreaking, in violation of Article 130, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for five months, and reduction to E-1. The Convening Authority approved the adjudged sentence, which was unaffected by the pretrial agreement. | Docket No. 1253 | Coast Guard Court of Criminal Appeals | 4/20/2007 | 4/20/2007 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V CABALLERO - 65 MJ 674 | 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 unauthorized absence, in violation of Article 86, 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 166 days, which amounted to the time served in pretrial confinement; and reduction to E-1. The sentence was unaffected by the pretrial agreement, and the Convening Authority approved it as adjudged. | Docket No. 1252 | Coast Guard Court of Criminal Appeals | 7/12/2007 | 7/12/2007 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V HOLBROOK 64 MJ 553 | 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 the following offenses: one specification of fraudulent enlistment, in violation of Article 83, Uniform Code of Military Justice (UCMJ); two specifications of false official statement with the intent to deceive, in violation of Article 107, UCMJ; one specification of damage to military property of the United States, in violation of Article 108, UCMJ; one specification of reckless driving, in violation of Article 111, UCMJ; one specification of wrongful use of marijuana, one
specification of wrongful use of cocaine, one specification of wrongful introduction of marijuana, one specification of wrongful introduction of cocaine, two specifications of wrongful distribution of cocaine, and one specification of wrongful distribution of marijuana, all in violation of Article 112a, UCMJ; and one specification of leaving the scene of an accident and one specification of communicating a threat, both in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, reduction to E-1, and confinement for eleven months, which he credited with fifty-seven days of pretrial confinement pursuant to United States v. Allen, 17 M.J. 126 (C.M.A. 1984). The Convening Authority approved the sentence as adjudged and suspended confinement in excess of ten months until six months after Appellant’s release from confinement, pursuant to the terms of the pretrial agreement. In addition, the Convening Authority waived automatic forfeitures imposed pursuant to Article 58b, UCMJ, until 31 December 2005, with pay and allowances to be paid to Appellant’s spouse. | Docket No. 1251 | Coast Guard Court of Criminal Appeals | 1/10/2007 | 1/10/2007 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V ODONNELL - 65 MJ 795 | 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 larceny, in violation of Article 121, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a dismissal, confinement for fifteen months, and a reprimand. The Convening Authority approved only so much of the sentence as includes a reprimand and confinement for fifteen months, but suspended confinement in excess of twelve months 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. 1250 | Coast Guard Court of Criminal Appeals | 10/11/2007 | 10/11/2007 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V ROTHIG PER CURIAM | 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 the
following offenses: one specification of attempting to wrongfully distribute four designer amphetamine “ecstasy” pills, in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of wrongfully using designer amphetamine “ecstasy” pills and one specification of wrongfully introducing four designer amphetamine “ecstasy” pills onto a military installation, in violation of Article 112a, UCMJ; and one specification of wrongfully soliciting a seaman to introduce four designer amphetamine “ecstasy” pills onto a military
installation, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad conduct discharge, forfeiture of $800 per month for ten months, reduction to E-1, and confinement for ten months, which he credited with forty-four days of pretrial confinement pursuant to United States v. Allen, 17 M.J. 126 (C.M.A. 1984). The Convening Authority approved the sentence as adjudged and suspended confinement in excess of seven months pursuant to the terms of the pretrial agreement. | Docket No. 1249 | Coast Guard Court of Criminal Appeals | 1/23/2006 | 1/23/2006 | | 10/24/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V LOYA PER CURIAM | 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 the following offenses: one specification of wrongfully using cocaine, a Schedule II controlled substance, and one specification of wrongfully using marijuana, a Schedule I controlled
substance, in violation of Article 112a, Uniform Code of Military Justice (UCMJ); and one specification of wrongfully possessing a military identification card that he knew to be false, in
violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for thirty days, forfeiture of $500 pay per month for one month, and reduction to E-3. The sentence was unaffected by the pretrial agreement, and the Convening Authority approved it as adjudged. | Docket No. 1248 | Coast Guard Court of Criminal Appeals | 2/6/2006 | 2/6/2006 | | 10/24/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V CLIFFORD PER CURIAM | 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 the following offenses: two specifications of making false official statements, in violation of Article 107, Uniform Code of Military Justice (UCMJ); one specification of wrongfully using cocaine, one specification of wrongfully distributing some amount of marijuana to a seaman, and one specification of wrongfully using marijuana, in violation of Article 112a, UCMJ; and two specifications of wrongfully and falsely altering his own and another’s military identification cards by scratching out numbers on the date of birth to change the birth year from 1984 to 1981, which he knew to be false, in violation of Article 134, UCMJ . The military judge sentenced Appellant to a bad-conduct discharge, confinement for five months, forfeiture of $823 pay per month for five months, and reduction to E-1. The Convening Authority approved the sentence as adjudged, but, in accordance with the pretrial agreement, suspended confinement in excess of 105 days and forfeitures in excess of $617.00 pay per month for five months. | Docket No. 1247 | Coast Guard Court of Criminal Appeals | 1/30/2006 | 1/30/2006 | | 10/24/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V JAMES - 64 MJ 514 | 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 false official statement, in violation of Article 107, Uniform Code of Military Justice (UCMJ); and one specification of wrongfully using cocaine, a Schedule II controlled substance, and one specification of wrongfully using marijuana, a Schedule II controlled substance, both in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, reduction to E-1, forfeiture of $600 pay per month for three months, and confinement for ninety days. The Convening Authority approved the sentence as adjudged, but suspended, until 18 April 2006, all confinement in excess of sixty-two days in response to Appellant’s clemency request. The pretrial agreement had no effect on the sentence. | Docket No. 1246 | Coast Guard Court of Criminal Appeals | 9/25/2006 | 9/25/2006 | | 10/25/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V WELDIN PER CURIAM | 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 Article 134, Uniform Code of Military Justice (UCMJ), by knowingly possessing visual depictions of minors engaged in sexually explicit conduct on computer disks
that had been transported in interstate or foreign commerce, in violation of 18 U.S.C. § 2252A.
The military judge sentenced Appellant to a bad-conduct discharge, confinement for twelve
months, and reduction to E-5. The Convening Authority approved the sentence as adjudged, but
suspended the part of the sentence extending to a bad conduct discharge until the accused retires from active service, at which time, unless the suspension is sooner vacated, the suspended part of the sentence will be remitted without further action. | Docket No. 1245 | Coast Guard Court of Criminal Appeals | 12/22/2005 | 12/22/2005 | | 10/24/2017 |