| Coast Guard Court of Criminal Appeals | UNITED STATES V SAPP - UNPUBLISHED | Appellant was tried by special court-martial, military judge alone.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 two specifications of attempted larceny, in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of conspiring to commit larceny, in violation of Article 81, UCMJ; one specification of unauthorized absence, in violation of Article 86, UCMJ; one specification of larceny, in violation of Article 121, UCMJ; one specification of housebreaking, in violation of Article 130, UCMJ; and one specification of obstruction of justice, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for ninety days, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence, and suspended for six months the bad-conduct discharge, reduction below E-2, and confinement in excess of fifty days, pursuant to the pretrial agreement. | Docket No. 1318 | Coast Guard Court of Criminal Appeals | 6/7/2010 | 6/7/2010 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BEABER - UNPUBLISHED | Appellant was tried by special court-martial, military judge alone.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 two specifications of attempted larceny, in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of conspiracy to commit larceny, in violation of Article 81, UCMJ; two specifications of failing to go to an appointed place of duty, in violation of Article 86, UCMJ; and one specification of making a false official statement, in violation of Article 107, UCMJ. The Military Judge sentenced Appellant to confinement for fifty-nine days, reduction to E-1, and a bad-conduct discharge. Pursuant to the pretrial agreement, the Convening Authority approved the sentence, but suspended the punitive discharge and confinement in excess of fifty days for six months. | Docket No. 1319 | Coast Guard Court of Criminal Appeals | 4/15/2010 | 4/15/2010 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V CRUZ - UNPUBLISHED | Appellant was tried by special court-martial, military judge alone.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 twenty specifications of larceny, in violation of Article 121, UCMJ. The military judge sentenced Appellant to confinement for 120 days, reduction to E-1, a $2,500.00 fine, and a bad-conduct discharge. Pursuant to the pretrial agreement, the Convening Authority disapproved confinement in excess of ninety days and the $2,500.00 fine, and otherwise approved the sentence as adjudged. | Docket No. 1331 | Coast Guard Court of Criminal Appeals | 8/19/2010 | 8/19/2010 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MOHAMMAD 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 twelve specifications of larceny, in violation of Article 121, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad-conduct discharge, confinement for 120 days, and reduction to E-1. The Convening Authority approved the sentence as adjudged, but suspended confinement in excess of sixty days for a period of twelve months from the date the sentence was announced, which results in a shorter confinement period than required by the terms of the pretrial agreement. | Docket No. 1223 | Coast Guard Court of Criminal Appeals | 11/18/2005 | 11/18/2005 | | 10/24/2017 |
| 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 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 BENNETT 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 wrongfully using marijuana, two specifications of wrongfully using cocaine, and one specification of wrongfully distributing cocaine, in violation of Article 112a, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad-conduct discharge, confinement for 150 days, and reduction to E-1. The Convening Authority approved the sentence as adjudged, but suspended confinement in excess of ninety days for twelve months. The pretrial agreement had no effect on the sentence. | Docket No. 1238 | Coast Guard Court of Criminal Appeals | 8/17/2005 | 8/17/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V GARCIA - 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 unauthorized absence, of one day and ten days, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of flight from apprehension in violation of Article 95, UCMJ; and one specification of wrongful use of marijuana and methamphetamine, in violation of Article 112a. | Docket No. 1195 | Coast Guard Court of Criminal Appeals | 2/4/2004 | 2/4/2004 | | 10/18/2017 |
| 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 COKER - 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 unauthorized absence in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of insubordination in violation of Article 91, UCMJ; one specification of wrongful possession of marijuana and one specification of wrongful use of cocaine, in violation of Article 112a, UCMJ; and one specification of larceny of a cellular telephone, a laptop computer, a car television, an ATM card, and U.S. currency, of a value of about $3,000 in violation of Article 121, UCMJ. | Docket No. 1188 | Coast Guard Court of Criminal Appeals | 1/12/2004 | 1/12/2004 | | 10/18/2017 |
| 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 MCDONALD - 67 MJ 689 | 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 unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of missing movement, in violation of Article 87, UCMJ; one specification of wrongfully using marijuana, in violation of Article 112a, UCMJ; and one specification of disrespect toward a superior commissioned officer, in violation of Article 89, UCMJ. The military judge sentenced Appellant to confinement for nine
months and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged but, pursuant to the pretrial agreement, suspended all confinement in excess of 180 days for twelve months from the date of the Convening Authority’s action. | Docket No. 1294 | Coast Guard Court of Criminal Appeals | 4/24/2009 | 4/24/2009 | | 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 PETERSON 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: six specifications of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of wrongful use of methamphetamine, a controlled substance, in violation of Article 112a, UCMJ; and one specification of larceny of property of a value of about nine dollars, in violation of Article 121, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for seventy-five days, and reduction to E-1. The Convening Authority approved the sentence as adjudged, but suspended confinement in excess of sixty days for the period of confinement plus twelve months from the date of Appellant’s release from confinement, which met the terms of the pretrial agreement. The Convening Authority noted that Appellant had spent forty-six days in pretrial confinement, and that his sentence would be credited accordingly. | Docket No. 1244 | Coast Guard Court of Criminal Appeals | 11/8/2005 | 11/8/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V GONZALEZ - 64 MJ 650 | 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: seven specifications of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of willfully disobeying a petty officer, in violation of Article 91, UCMJ; two specifications of false official statement, in violation of Article 107, UCMJ; and one specification each of wrongfully using cocaine, wrongfully using marijuana, and wrongfully introducing some amount of cocaine onto an installation used by the armed forces or under the control of an armed force, all in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for four months, reduction to E-1, a fine of two thousand dollars ($2000), and additional confinement for three months if the fine was not paid. The Convening Authority approved the sentence as adjudged, except for the additional confinement imposed if the fine was not paid, and suspended confinement in excess of 105 days until 27 July 2005, which satisfied the pretrial agreement. The Convening Authority also credited sixty-nine days of pretrial confinement pursuant to United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1241 | Coast Guard Court of Criminal Appeals | 3/23/2007 | 3/23/2007 | | 10/30/2017 |