| Coast Guard Court of Criminal Appeals | UNITED STATES V BICKLE (MERITS) | 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. § 1462 by knowingly using or causing to be used an interactive computer service for carriage of obscene materials in interstate or foreign commerce, two specifications of violating 18 U.S.C. § 2252A by knowingly receiving visual depictions of minors engaged in sexually explicit conduct that had been transported in interstate or foreign commerce, and one specification of violating 18 U.S.C. § 2252A by knowingly possessing visual depictions of minors engaged in sexually explicit conduct, all in violation of Article 134, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad conduct discharge, confinement for twenty-nine months, and reduction to E-1. The Convening Authority approved the sentence as adjudged and suspended confinement in excess of eighteen months for a period of twelve months from the date Appellant is released from confinement, pursuant to the terms of the pretrial agreement. | Docket No. 1269 | Coast Guard Court of Criminal Appeals | 1/31/2007 | 1/31/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V CORDERO (MERITS) | 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 being absent without leave, in violation of Article 86, Uniform Code of Military Justice (UCMJ); and two specifications of wrongful use of marijuana, a Schedule I controlled
substance, and two specifications of wrongful use of cocaine, a Schedule I controlled substance, all in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a bad-conduct
discharge, confinement for sixty days, and reduction to E-1. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the sentence. | Docket No. 1270 | Coast Guard Court of Criminal Appeals | 1/31/2007 | 1/31/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V GORMLEY - 64 MJ 617 | 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 unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); and two specifications of wrongfully using marijuana, two specifications of wrongfully introducing marijuana onto an installation used by the armed forces or under the control of the armed forces, two specifications of wrongfully using methamphetamine, and one specification of wrongfully introducing methamphetamine onto an installation used by the armed forces or under the control of the armed forces, all in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for ninety days, and forfeiture of $795 per month for three months. The Convening Authority approved the sentence as adjudged and credited seventy-three days of confinement in accordance with United States v. Allen, 17 M.J. 126 (C.M.A. 1984). The pretrial agreement had no effect on the sentence. | Docket No. 1230 | Coast Guard Court of Criminal Appeals | 1/31/2007 | 1/31/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V LATHAM (MERITS) | 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 absence without leave terminated by apprehension, in violation of Article 86, Uniform Code of Military Justice (UCMJ); and two specifications of wrongful use of marijuana and one specification of wrongful use of cocaine, all in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge and confinement for seventy days, which he credited with seventy days of pretrial confinement. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the adjudged sentence. | Docket No. 1267 | Coast Guard Court of Criminal Appeals | 1/31/2007 | 1/31/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V LIND - 64 MJ 611 | 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 found guilty of the
following offenses: one specification of wrongfully using ecstasy, a Schedule I controlled substance, and one specification of wrongfully distributing ecstasy, both in violation of Article
112a, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 912a; one specification of conspiring to possess, use, and distribute ecstasy, in violation of Article 81, UCMJ, 10 U.S.C. § 881; and one specification of making a false official statement with intent to deceive, in violation of Article 107, UCMJ, 10 U.S.C. § 907. The military judge sentenced Appellant to reduction to
E-1, forfeiture of $938.00 pay per month for four months, confinement for four months, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the sentence. | Docket No. 1228 | Coast Guard Court of Criminal Appeals | 1/31/2007 | 1/31/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V UPHAM (MERITS) | 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 conduct unbecoming an officer and a gentleman, in violation of Article 133, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a dismissal from the Coast Guard, forfeiture of all pay and allowances, and confinement for ninety days. The Convening Authority approved the sentence as adjudged and suspended all confinement for a period of twelve months from the date Appellant was sentenced, pursuant to the terms of the pretrial agreement. | Docket No. 1268 | Coast Guard Court of Criminal Appeals | 1/31/2007 | 1/31/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V HUNTER 64 MJ 571 | 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: three specifications of failure to go to his appointed place of duty, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of willful dereliction of duty by making unauthorized charges to a Government credit card and by failing to make payments on that card, in violation of Article 92, UCMJ; one specification of larceny of a motorcycle, in violation of Article 121, UCMJ; and one specification of dishonorable failure to pay a debt, in violation of Article 134, UCMJ.
The military judge sentenced Appellant to a bad-conduct discharge, confinement for eight months, and reduction to E-1. The Convening Authority approved only so much of the sentence as includes a bad-conduct discharge, reduction to E-2, and confinement for eight months, but suspended confinement in excess of 180 days for the period of twelve months from the date of the Convening Authority’s action. Although the pretrial agreement provided that the execution of all confinement in excess of 120 days would be suspended for a period of twelve months from the date of the Convening Authority’s action, the Convening Authority partially withdrew the sentence limitation due to Appellant’s misconduct. Appellant waived a R.C.M. 1109 hearing to determine whether the alleged misconduct was committed, in exchange for the Convening Authority’s agreement not to impose more than sixty days of additional confinement and not to take further action upon the suspected misconduct. Automatic forfeitures were deferred and waived. | Docket No. 1232 | Coast Guard Court of Criminal Appeals | 1/23/2007 | 1/23/2007 | | 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 | MK1 SERGENT V RDML ROCHON ORDER | Petitioner, who has been charged with offenses under the Uniform Code of Military Justice (UCMJ) that are scheduled to be investigated under Article 32, UCMJ, has filed a petition for extraordinary relief styled as a request for relief in the nature of a writ of mandamus and a writ of prohibition. He seeks an emergency order staying the Article 32, UCMJ, investigation until this Court rules on the substantive issues raised in his petition. He seeks a writ of mandamus ordering Respondent to detail a reporter to the investigation at no cost to the Petitioner and to provide the Petitioner with a copy of the audiotapes or a transcript; or, in the alternative, a writ of prohibition prohibiting Respondent from interfering with the defense preparation of his case by requiring Respondent to permit the defense to record the investigation without any requirement to provide a written transcript to the Investigating Officer or the Government. Petitioner also moves this Court to have appellate defense counsel appointed to represent him. It is, by the Court, this 20th day of December 2006, | MISC. DOCKET N0. 001-07 | Coast Guard Court of Criminal Appeals | 12/20/2006 | 12/20/2006 | | 10/25/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V UPHAM - 64 MJ 547 | Appellant was tried by a general court-martial composed of members. Pursuant to his plea of guilty, Appellant was convicted of one specification of conduct unbecoming an officer and a
gentleman, in violation of Article 133, Uniform Code of Military Justice (UCMJ). Contrary to his plea, Appellant was also convicted of one specification of committing an aggravated assault, in violation of Article 128, UCMJ. The court sentenced Appellant to a dismissal, confinement for nine months, and forfeiture of all pay and allowances. The Convening Authority approved the
sentence as adjudged. | Docket No. 1235 | Coast Guard Court of Criminal Appeals | 12/20/2006 | 12/20/2006 | | 10/25/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MARTIN PER CURIAM MJ | 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); and one specification of violating 18 U.S.C. 2252A by knowingly receiving material containing child pornography that had been transported in interstate commerce by computer and one specification of violating 18 U.S.C. 2252A by knowingly possessing sheets of paper containing an image of child pornography, both in violation of Article 134, 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 except changed the adjudged bad-conduct discharge to twelve months confinement, ostensibly pursuant to the terms of the pretrial agreement. | Docket No. 1260 | Coast Guard Court of Criminal Appeals | 12/6/2006 | 12/6/2006 | | 10/25/2017 |
| 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 POET 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 one specification of making a false official statement with the intent to deceive, in violation of Article 107, Uniform Code of Military Justice (UCMJ), and one specification of falsely testifying on a material matter in a trial by summary court-martial after having taken a lawful oath, in violation of Article 131, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for 200 days, forfeiture of $800 pay per month for six months, and reduction to E-1. The Convening Authority approved the adjudged sentence but suspended all confinement in excess of ninety days for a period of twelve months from the date of his action, pursuant to the terms of the pretrial agreement. | Docket No. 1266 | Coast Guard Court of Criminal Appeals | 9/14/2006 | 9/14/2006 | | 10/25/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V GILBERT 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 failing to go at the time prescribed to the appointed place of duty and one specification of absenting himself without authority and remaining absent
from his unit, both in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of failing to obey a lawful order, in violation of Article 92, UCMJ; one specification of making a false official statement, in violation of Article 107, UCMJ; one
specification of wrongfully using marijuana, in violation of Article 112a, UCMJ; and one specification of breaking restriction, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for five months, forfeiture of $200 pay per month for five months, and reduction to E-1. | Docket No. 1263 | Coast Guard Court of Criminal Appeals | 8/16/2006 | 8/16/2006 | | 10/25/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V PAJEAUD - 63 MJ 644 | 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 failure to go by not reporting to PSU 308 in Gulfport, Mississippi, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of missing movement, in violation of Article 87, 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 six months, and reduction to E-1. The Convening Authority approved the sentence as adjudged but suspended all confinement in excess of 180 days for twelve months from the date of the Convening Authority’s action, pursuant to the terms of the pretrial agreement. | Docket No. 1227 | Coast Guard Court of Criminal Appeals | 6/29/2006 | 6/29/2006 | | 10/25/2017 |