| Coast Guard Court of Criminal Appeals | UNITED STATES V MONTUORO - 68 MJ 565 | 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 conspiracy, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of failure to obey a general order, in violation of Article 92, UCMJ; one specification of false official statements, in violation of Article 107, UCMJ; and one specification each of obstruction of justice and wrongfully providing a minor with alcoholic beverages, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for nine months, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. | Docket No. 1307 | Coast Guard Court of Criminal Appeals | 11/12/2009 | 11/12/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V RAMOS - UNPUBLISHED | Appellant was tried by special court-martial, military judge alone.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 conspiracy, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of dereliction of duty, in violation of Article 92, UCMJ; one specification each of wrongful use and wrongful distribution of marijuana, in violation of Article 112a, UCMJ; and one specification of unauthorized absence, in violation of Article 86, UCMJ. The military judge sentenced Appellant to confinement for four months, reduction to E-1, forfeiture of $784 per month for four months, 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. 1272 | Coast Guard Court of Criminal Appeals | 4/30/2008 | 4/30/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V ZRIKE (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 conspiracy to possess cocaine, in violation of Article 81, Uniform Code of Military Justice (UCMJ); and one specification each of wrongful use of cocaine and of marijuana, both 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 adjudged sentence. | Docket No. 1289 | Coast Guard Court of Criminal Appeals | 3/13/2008 | 3/13/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MIZELLE - 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 conspiracy to commit larceny, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of making a false official statement, in violation of Article 107, UCMJ; and one specification of larceny, in violation of Article 121, UCMJ. The military judge sentenced Appellant to confinement for five months, 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. 1337 | Coast Guard Court of Criminal Appeals | 10/28/2010 | 10/28/2010 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V OWENS - 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 conspiracy to commit larceny, in violation of Article 81, Uniform Code of Military Justice (UCMJ), and one specification of larceny, in violation of Article 121, UCMJ. The military judge sentenced Appellant to confinement for forty-five days, reduction to E-3, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement did not affect the sentence. | Docket No. 1333 | Coast Guard Court of Criminal Appeals | 8/13/2010 | 8/13/2010 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BUNGERT 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 attempting to wrongfully distribute methamphetamines, in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of dereliction of duty by using a government credit card for purposes unrelated to official government travel, in violation of Article 92, UCMJ; and two specifications of wrongfully using amphetamines and methamphetamines, and one specification of wrongfully distributing methamphetamines, in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for 180 days, and reduction to E-1. The Convening Authority approved only so much of the adjudged sentence as provides for a bad-conduct discharge, confinement for 120 days and reduction to E-1, which was within the terms of the pretrial agreement. The Convening Authority also credited Appellant with 113 days of pretrial confinement pursuant to United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1203 | Coast Guard Court of Criminal Appeals | 2/23/2005 | 2/23/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V JONES - 64 MJ 621 | 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 attempting to steal goods, in violation of Article 80, Uniform Code of Military Justice (UCMJ); four specifications of unauthorized absence and one specification of failure to go to his appointed place of duty, all in violation of Article 86, UCMJ; one specification of wrongful use of cocaine and one specification of wrongful distribution of cocaine, in violation of Article 112a, UCMJ; three specifications of larceny and one specification of wrongful appropriation, in violation of Article 121, UCMJ; and one specification of making checks without sufficient funds with intent to defraud, in violation of Article 123a, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for ten months, and reduction to E-1. The Convening Authority approved the adjudged sentence, but suspended confinement in excess of 180 days for twelve months from the date of Appellant’s release from confinement, pursuant to the terms of the pretrial agreement. The Convening Authority noted that all confinement credit would be applied against unsuspended confinement, resulting in confinement for 126 days. | Docket No. 1222 | Coast Guard Court of Criminal Appeals | 2/27/2007 | 2/27/2007 | | 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 STROMAN (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 each of wrongfully introducing cocaine onto an installation used by the armed forces and of wrongfully distributing cocaine, and three specifications of wrongfully using cocaine, all in violation of Article 112a, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to confinement for ten months, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged except for confinement
in excess of 120 days, which was disapproved, pursuant to the pretrial agreement. | Docket No. 1302 | Coast Guard Court of Criminal Appeals | 5/12/2009 | 5/12/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V HARRIS - 67 MJ 550 | 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 each of wrongfully distributing MDMA (ecstasy), wrongfully using MDMA (ecstasy), and wrongfully using cocaine, all in violation of Article 112a, 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 ninety days, forfeiture of $800 per month for three months, and reduction to E-1. The Convening Authority approved the sentence as adjudged and suspended confinement in excess of sixty days 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. 1279 | Coast Guard Court of Criminal Appeals | 10/17/2008 | 10/17/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V NICKEY (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 each of larceny of military property, in violation of Article 121, Uniform Code of Military Justice (UCMJ), and of making a false official statement, in violation of Article 107, UCMJ. The military judge sentenced Appellant to confinement for three months, reduction to E-3, and a bad-conduct discharge. | Docket No. 1288 | Coast Guard Court of Criminal Appeals | 6/19/2008 | 6/19/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V HEDLUND - 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 nine specifications of use, three specifications of distribution, and one specification of introduction to a military vessel of various illegal drugs, all in violation of Article 112a, Uniform Code of Military Justice (UCMJ); four specifications of larceny, in violation of Article 121, UCMJ; one specification of attempted larceny, in violation of Article 80, UCMJ; two specifications of forgery, in violation of Article 123, UCMJ; one specification of unauthorized absence terminated by apprehension, in violation of Article 86, UCMJ; and one specification of missing movement, in violation of Article 87, UCMJ. | Docket No. 1261 | Coast Guard Court of Criminal Appeals | 7/11/2007 | 7/11/2007 | | 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 BRZYSKI (MERITS) | Appellant was tried by special court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a plea agreement, Appellant was convicted of seven specifications of indecent recording, in violation of Article 120c, Uniform Code of Military Justice (UCMJ). The court sentenced Appellant to a bad-conduct discharge, reduction to E-1, and confinement for ten months. The convening authority approved the sentence. Judgment was entered accordingly.
Before this Court, without admitting that the findings and sentence are correct in law and fact, Appellant has submitted this case on its merits as to any and all errors.
Decision
We determine that the findings and sentence are correct in law and fact and, on the basis of the entire record, should be approved. Accordingly, the findings of guilty and the sentence, as approved below, are affirmed. | Docket No. 1479 | Coast Guard Court of Criminal Appeals | 5/13/2022 | 5/13/2022 | | 5/13/2022 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BULLA - 58 MJ 715 | Appellant was tried by special court-martial, military judge alone. Pursuant to her pleas of guilty, entered in accordance with a pretrial agreement, Appellant was found guilty of the following offenses: two specifications of unauthorized absence in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of wrongful use of cocaine, in violation of Article 112(a), UCMJ; and one specification of wrongful appropriation of military property in violation of Article 121, UCMJ. Appellant was sentenced to a bad conduct discharge (BCD), confinement for forty-nine days, reduction to paygrade E-1, and forfeiture of two-thirds pay for two months. With respect to the adjudged sentence, the pretrial agreement allowed approval of all elements, requiring only that the convening authority suspend the BCD for a period of twelve months from the date of the convening authority’s action. Additionally, however, the pretrial agreement included a misconduct provision that permitted the convening authority, among other things, to disregard the sentence limiting part of the pretrial agreement if the Appellant committed a violation of the UCMJ between the time the sentence was announced at her court-martial and the time the convening authority acted on the sentence. | Docket No. 1171 | Coast Guard Court of Criminal Appeals | 5/16/2003 | 5/16/2003 | | 10/5/2017 |