Coast Guard Court of Criminal Appeals | UNITED STATES V GREENING - 54 MJ 831 | UNITED STATES VV GREENING - 54 MJ 831 - Coast Guard Court of Criminal Appeals Decision | Docket No. 1137 | Coast Guard Court of Criminal Appeals | 3/28/2001 | 3/28/2001 | | 8/31/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V GREENE - 64 MJ 625 | 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: four specifications of wrongful appropriation, in violation of Article 121, Uniform Code of Military Justice (UCMJ); six specifications of making a false official statement with the intent to deceive and one specification of signing a false official record with intent to deceive, in violation of Article 107, UCMJ; and one specification of failing to obey a lawful order, in violation of Article 92, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for 180 days, and reduction to E-1. The Convening Authority approved the sentence as adjudged but, in accordance with the pretrial agreement, suspended the portion of the sentence extending to confinement in excess of four months for twelve months from the date the sentence was awarded. | Docket No. 1226 | Coast Guard Court of Criminal Appeals | 2/28/2007 | 2/28/2007 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V GREEN - UNPUBLISHED | UNITED STATES V GREEN - UNPUBLISHED
Coast Guard Court of Criminal Appeals | Docket No. 1400 | Coast Guard Court of Criminal Appeals | 1/20/2016 | 1/20/2016 | | 9/1/2017 |
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 GOODELL (II) OPINION ( 79 M.J. 825 ) | A military judge sitting as a general court-martial convicted Appellant, consistent with his pleas, of one specification of conspiracy to commit aggravated assault and one specification of solicitation to commit an offense, in violation of Articles 81 and 134, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to confinement for two years and a bad-conduct discharge. The Convening Authority approved the sentence, but, pursuant to a pretrial agreement, suspended all confinement in excess of eleven months.
Appellant raises six assignments of error: (1) whether the Convening Authority properly ordered a rehearing without setting aside the findings already made on the charges against Appellant; (2) whether the Convening Authority properly ordered a rehearing where no summarized record was prepared and authenticated by the detailed military judge; (3) whether the Convening Authority properly ordered a rehearing where the adjudged sentence included a dishonorable discharge or confinement for more than six months; (4) whether Appellant’s guilty plea was voluntary where it was obtained through a promise to relax an order prohibiting communication with his son; (5) whether the terms in the pretrial agreement regulating Appellant’s future parental visitation with his son are void; and (6) whether this Court may affirm a sentence where a prior conviction was admitted as evidence in sentencing but was later set aside. | Docket No. 1466 | Coast Guard Court of Criminal Appeals | 3/13/2020 | 3/13/2020 | | 3/25/2020 |
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 |
Coast Guard Court of Criminal Appeals | UNITED STATES V GONZALEZ - 61 MJ 633 | 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 wrongful use of cocaine, one specification of wrongful distribution of cocaine, and one specification of wrongful introduction of cocaine onto a U.S. Coast Guard installation, in violation of Article 112a, Uniform Code of Military Justice (UCMJ); and one specification of unlawful entry into the barracks room of a seaman, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for 135 days, and reduction to E-1. The Convening Authority approved the adjudged sentence, but, in accordance with the pretrial agreement, suspended execution of confinement in excess of sixty-seven days for a period of twelve months from the date sentence was adjudged. The Convening Authority credited Appellant with sixty-seven days of confinement pursuant to United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1209 | Coast Guard Court of Criminal Appeals | 6/9/2005 | 6/9/2005 | | 10/24/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V GONZALEZ - UNPUBLISHED | UNITED STATES V GONZALEZ - UNPUBLISHED
Coast Guard Court of Criminal Appeals Opinion | Docket No. 1410 | Coast Guard Court of Criminal Appeals | 9/9/2015 | 9/9/2015 | | 9/15/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V GOMEZ - UNPUBLISHED | UNITED STATES V GOMEZ - UNPUBLISHED - CGCCA Opinion | Docket No. 1113 | Coast Guard Court of Criminal Appeals | 8/16/1999 | 8/16/1999 | | 8/29/2017 |
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 GOMEZ - UNPUBLISHED | UNITED STATES V GOMEZ - UNPUBLISHED
Coast Guard Court of Criminal Appeals Opinion | Docket No. 1394 | Coast Guard Court of Criminal Appeals | 12/14/2015 | 12/14/2015 | | 9/15/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V GOGO - UNPUBLISHED | Appellant was tried by general court-martial, military judge alone. Pursuant to her pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of one specification of wrongfully using cocaine, in violation of Article 112a, Uniform Code of Military Justice (UCMJ), one specification of sodomy with a child under the age of 16, in violation of Article 125, UCMJ, and one specification of indecent acts with a child under the age of 16, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for twelve months, forfeiture of all pay and allowances, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the adjudged sentence. | Docket No. 1292 | Coast Guard Court of Criminal Appeals | 4/15/2009 | 4/15/2009 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V GILMORE - UNPUBLISHED | UNITED STATES V GILMORE - UNPUBLISHED
Coast Guard Court of Criminal Appeals Opinion | Docket No. 1388 | Coast Guard Court of Criminal Appeals | 7/2/2015 | 7/2/2015 | | 9/15/2017 |
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 GAVIN - 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 unauthorized absence of forty-two days terminated by apprehension, in violation
of Article 86, Uniform Code of Military Justice (UCMJ); one specification of making a false
official statement, in violation of Article 107, UCMJ; and two specifications of wrongfully using
cocaine, in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a badconduct
discharge, confinement for six months and reduction to E-1. He also determined, with
the concurrence of both the trial counsel and defense counsel, that Appellant was entitled to credit for fifty-nine days of pretrial confinement under United States v. Allen, 17 M.J. 126 (C.M.A. 1984). The Convening Authority approved the adjudged sentence, but, in accordance with the pretrial agreement, suspended execution of confinement in excess of three months for the period of confinement served plus six months thereafter. | Docket No. 1213 | Coast Guard Court of Criminal Appeals | 9/27/2004 | 9/27/2004 | | 10/18/2017 |