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 FAY - 59 MJ 747 | 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 distributing MDA and MDMA, the Schedule I controlled substances commonly known as “Ecstasy,” and MET, a Schedule II controlled substance; and one specification of wrongful possession of marijuana, all in violation of Article 112a, Uniform Code of Military Justice (UCMJ); and one specification of assault, in violation of Article 128, UCMJ. | Docket No. 1189 | Coast Guard Court of Criminal Appeals | 3/3/2004 | 3/3/2004 | | 10/18/2017 |
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 TOLSON 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 violating a lawful general order by wrongfully using a Coast Guard VHF radio to communicate a false distress message, in violation of Article 92, Uniform Code of Military Justice (UCMJ); one specification of making a false official statement with the intent to deceive that he was on a vessel and was in distress, which was known by Appellant to be false, in violation of Article 107, UCMJ; and one specification of violating 14 U.S.C. § 88(c) by wrongfully, knowingly, and willfully causing the Coast Guard to attempt to save lives and property when no help was needed, in violation of Article 134, 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 sentence as adjudged. The pretrial agreement had no effect on the sentence. | Docket No. 1225 | Coast Guard Court of Criminal Appeals | 4/6/2006 | 4/6/2006 | | 10/25/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V RIGGS - 59 MJ 614 | 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 unauthorized absence for one day terminated by apprehension in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of wrongful use of marijuana in violation of Article 112a, UCMJ; and six specifications of larceny of a checkbook, a camera valued at $99, money in the amount of $600, $274, and two larcenies of $250, in violation of Article 121, UCMJ. | Docket No. 1186 | Coast Guard Court of Criminal Appeals | 11/7/2003 | 11/7/2003 | | 10/5/2017 |
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 MILEY - 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 failure to obey a lawful general order, in violation of Article 92, Uniform Code of Military Justice (UCMJ); one specification of making false official statements, in violation of Article 107, UCMJ; and one specification of larceny, in violation of Article 121, UCMJ. | Docket No. 1194 | Coast Guard Court of Criminal Appeals | 3/3/2004 | 3/3/2004 | | 10/18/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V ST PIERRE - 59 MJ 570 | 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 attempted introduction of Valium, a schedule IV controlled substance, onto a military installation with intent to distribute, in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of failure to go to appointed place of duty, in violation of Article 86, UCMJ; one specification of possession of marijuana, in violation of Article 112a, UCMJ; and two specifications of breaking restriction, in violation of Article 134, UCMJ. | Docket No. 1193 | Coast Guard Court of Criminal Appeals | 1/21/2004 | 1/21/2004 | | 10/18/2017 |
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 HALSEY - 62 MJ 681 | 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 violating a lawful general order by wrongfully using a government computer to access certain websites, in violation of Article 92, Uniform Code of Military Justice (UCMJ); one specification of sodomy with a child under the age of sixteen years, in violation of Article 125, UCMJ; and two specifications of committing indecent acts with a child under sixteen years of age, in violation of Article 134, UCMJ. | Docket No. 1211 | Coast Guard Court of Criminal Appeals | 2/27/2006 | 2/27/2006 | | 10/25/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V SHEEHAN - 62 MJ 568 | 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 wrongfully using cocaine on divers occasions, one specification of introduction of some amount of marijuana onto an installation used by the armed forces on divers occasions, one specification of wrongfully possessing some amount of marijuana on divers occasions, and one specification of wrongfully use marijuana on divers occasions, all in violation of Article 112a, Uniform Code of Military Justice (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 sentence as adjudged, but, in accordance with the pretrial agreement, suspended confinement in excess of 120 days for the period of twelve months from the date the sentence was adjudged. | Docket No. 1218 | Coast Guard Court of Criminal Appeals | 11/1/2005 | 11/1/2005 | | 10/24/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V MOLINA - 68 MJ 532 | 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 wrongfully engaging in sexually intimate behavior aboard a Coast Guard vessel, in violation of Article 92, Uniform Code of Military Justice (UCMJ); two specifications of maltreating a person subject to his orders by making offensive comments or gestures of a sexual nature, in violation of Article 93, UCMJ; one specification of assault consummated by a battery in violation of article 128, and one specification each of indecent exposure, wrongfully providing alcoholic beverages to a person under twenty-one years of age, and adultery, all in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for 200 days, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement did not affect the sentence. | Docket No. 1299 | Coast Guard Court of Criminal Appeals | 9/9/2009 | 9/9/2009 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V BENTLEY 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 wrongful use of marijuana, in violation of Article 112a, Uniform Code of Military Justice (UCMJ); and seven specifications of larceny of military property of the United States Coast Guard, in violation of Article 121, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for eight months, and reduction to E-2. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the sentence. | Docket No. 1234 | Coast Guard Court of Criminal Appeals | 7/8/2005 | 7/8/2005 | | 10/24/2017 |
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 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 |