| Coast Guard Court of Criminal Appeals | UNITED STATES V SCHATZ (MERITS) | 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 convicted of two specifications of conspiracy, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of fraudulent enlistment, in violation of Article 83, UCMJ; one specification of making a false official statement, in violation of Article 107, UCMJ; and one specification each of wrongfully using marijuana, cocaine, ecstasy, and psilocin or psilocybin, all in violation of Article 112a, UCMJ. The military judge sentenced Appellant to confinement for sixty days, 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. 1291 | Coast Guard Court of Criminal Appeals | 8/20/2008 | 8/20/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V KESSLER - PER CURIAM | 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 convicted of the following offenses: one specification of physically controlling a passenger car while impaired by ecstasy, a schedule one controlled substance, in violation of Article 111, Uniform Code of Military Justice (UCMJ); and two specifications of wrongful use of ecstasy, in violation of Article 112a, UCMJ. She was also convicted of wrongfully distributing some amount of ecstasy, in violation of Article 112a, UCMJ, after pleading not guilty to that offense. | Docket No. 1190 | Coast Guard Court of Criminal Appeals | 1/6/2004 | 1/6/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V LUCAS - UNPUBLISHED | Appellant was tried by special court-martial, military judge alone.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 convicted of one specification of wrongful distribution of marijuana, one specification of wrongful introduction of marijuana onto a military installation, and one specification of wrongful use of marijuana, in violation of Article 112a, Uniform Code of Military Justice (UCMJ). The military judge
sentenced Appellant to forfeiture of $500 per month for six months, 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. 1310 | Coast Guard Court of Criminal Appeals | 12/22/2009 | 12/22/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES v ANDERSON (UNPUBLISHED) | 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 convicted of eight specifications of presenting a false claim for approval and payment, in violation of Article 124, Uniform Code of Military Justice (UCMJ). The court sentenced Appellant to a bad-conduct discharge and reduction to E-2. The Convening Authority approved the sentence. Judgment was entered accordingly.
Before this Court, Appellant has assigned as error that Appellant’s due process rights were violated by excessive and unexplained post-trial delay.
Appellant asserts that the ninety days between the convening authority’s action and docketing of the case with this Court was presumptively unreasonable under United States v. Moreno, 63 M.J. 129 (C.A.A.F. 2006) because it exceeded thirty days, and deprived her of her right to speedy post-trial review. We apply the conclusion we reached in United States v. Tucker, __ M.J. __ , slip op. at 26 (C.G.Ct.Crim.App. 7 Apr 2022): that Moreno’s use of the convening authority’s action as a terminal benchmark prior to docketing has been superseded by statute and regulation. As in Tucker, there was no presumptively unreasonable delay in this case. Further, even under a full due-process analysis, Appellant was not deprived of due process. | Docket No. 1477 | Coast Guard Court of Criminal Appeals | 4/11/2022 | 4/11/2022 | | 4/12/2022 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V HOLZ - 59 MJ 926 | Appellant was tried by special court-martial, military judge alone. Pursuant to a pretrial
agreement, Appellant entered pleas of guilty to one specification of wrongful use of marijuana,
two specifications of wrongful distribution of marijuana, and one specification of wrongful
introduction of marijuana onto an installation under the control of the armed forces, in violation
of Article 112a, Uniform Code of Military Justice (UCMJ). The military judge accepted Appellant’s pleas, entered findings of guilty to those offenses, and sentenced Appellant to a bad-conduct discharge, sixty days confinement, and reduction to E-1. The Convening Authority approved the sentence as adjudged, as allowed by the pretrial agreement. The Convening Authority credited Appellant with eight days of confinement pursuant to United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1198 | Coast Guard Court of Criminal Appeals | 5/18/2004 | 5/18/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V KING 60 MJ 832 | Appellant was tried by special court-martial, military judge alone. Pursuant to a pretrial agreement, Appellant entered pleas of guilty to the following offenses: one specification of unauthorized absence and one specification of failing to go to his place of duty in violation of Article 86, Uniform Code of Military Justice (UCMJ); three specifications of failure to obey a lawful order and one specification of failure to obey a lawful general order in violation of Article 92, UCMJ; one specification of false official statement in violation of Article 107, UCMJ; one specification of wrongfully using marijuana in violation of Article 112a, UCMJ; three specifications of larceny in violation of Article 121, UCMJ; one specification of wrongfully making and delivering a check without sufficient funds in violation of Article 123a, UCMJ; and one specification of pandering in violation of Article 134, UCMJ. The military judge accepted Appellant’s pleas, entered findings of guilty to those offenses, and sentenced Appellant to a bad-conduct discharge, confinement for eight months, and reduction to E-1. The Convening Authority approved the sentence as adjudged but suspended confinement in excess of sixty-nine days for twelve months from the date Appellant was released from confinement as required by the pretrial agreement. The Convening Authority also credited Appellant with fifty-nine days of pretrial confinement pursuant to United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1212 | Coast Guard Court of Criminal Appeals | 1/13/2005 | 1/16/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V TAYLOR - 61 MJ 640 | Appellant was tried by special court-martial, military judge alone. Pursuant to a pretrial agreement, Appellant entered pleas of guilty to the following offenses: one specification of dereliction of duty by willfully failing to use his Government Travel Card for only official government travel business in violation of Article 92, Uniform Code of Military Justice (UCMJ); three specifications of false official statements in violation of Article 107, UCMJ; one specification of making a false claim against the United States in violation of Article 132, UCMJ; and one specification of dishonorable failure to pay a lawful debt in violation of Article 134, UCMJ. The military judge accepted Appellant’s pleas, entered findings of guilty to those offenses, and sentenced Appellant to confinement for one hundred days, reduction to pay grade E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the sentence | Docket No. 1207 | Coast Guard Court of Criminal Appeals | 3/31/2005 | 3/31/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V WARNER - 59 MJ 590 | Appellant was tried by special court-martial, military judge alone. Pursuant to a pretrial agreement, Appellant entered pleas of guilty to one specification of unauthorized absence in violation of Article 86, Uniform Code of Military Justice (UCMJ) and one specification of use of “MDA and MDMA (Ecstasy), a Schedule I controlled substances [sic] and MET, a Schedule II controlled substance” in violation of Article 112a, UCMJ. The military judge accepted Appellant’s pleas, entered findings of guilty to those offenses, and sentenced Appellant to a bad-conduct discharge. Appellant pled not guilty to one specification of distribution of “MDA and MDMA (Ecstasy), Schedule I controlled substances and MET, a Schedule II controlled substance.” The Government presented no evidence of that offense, and the military judge dismissed that specification prior to adjournment. The Convening Authority approved the sentence as adjudged, as allowed by the pretrial agreement. | Docket No. 1187 | Coast Guard Court of Criminal Appeals | 10/7/2003 | 10/7/2003 | | 10/5/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V SUKSDORF - 59 MJ 544 | Appellant was tried by special court-martial, military judge alone. Pursuant to a pre-trial agreement, Appellant entered pleas of guilty to one specification of attempted introduction of marijuana onto a military installation in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of possession of marijuana with intent to distribute, two specifications of possession of marijuana, one specification of use of cocaine and marijuana, one specification of use of marijuana, and one specification of introducing marijuana onto a military installation in violation of Article 112a, UCMJ; and five specifications of forgery in violation of Article 123, UCMJ. The military judge accepted Appellant’s pleas, entered findings of guilty to those offenses, and sentenced Appellant to confinement for 280 days, reduction to E-1, and a bad
conduct discharge. Appellant pled not guilty to one specification of distribution of marijuana, one specification of use of marijuana, and to a charge and specification of larceny of six checks. The military judge entered findings of not guilty to those specifications after the Government did not present any evidence of those offenses. The pre-trial agreement allowed the Convening Authority to approve the sentence as adjudged, but required suspension of confinement in excess of 150 days.3 Appellant also received 41 days of Allen credit for pre-trial confinement. United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1182 | Coast Guard Court of Criminal Appeals | 9/3/2003 | 9/3/2003 | | 10/5/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V VERDECIA - UNPUBLISHED | Appellant was tried by special court-martial, military judge alone. In accordance with a pretrial agreement, Appellant pleaded guilty to one specification of wrongful use of marijuana, in violation of Article 112a, Uniform Code of Military Justice (UCMJ); one specification of dereliction of duty by failing to provide an unadulterated urine sample, in violation of Article 92, UCMJ; and one specification of wrongful solicitation of another to make a false official statement concerning the other’s knowledge of Appellant’s marijuana use, in violation of Article 134, UCMJ. Certain findings of guilty were entered, as will be discussed. The military judge sentenced Appellant to confinement for thirty days and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement did not affect the sentence. | Docket No. 1311 | Coast Guard Court of Criminal Appeals | 11/24/2009 | 11/24/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MEEK - 58 MJ 579 | Appellant was tried by special court-martial, military judge alone. He was charged with one specification of desertion in violation of Article 85, Uniform Code of Military Justice (UCMJ); one specification of missing movement by design in violation of Article 87, UCMJ; and one specification of wrongful use of marijuana in violation of Article 112a, UCMJ. Pursuant to a pretrial agreement, Appellant pled not guilty to desertion, and entered pleas of guilty to the lesser included offense of unauthorized absence terminated by apprehension in violation of Article 86, UCMJ and to the charges and specifications of missing movement by design and illegal drug use. According to a stipulation of fact and the Care1 inquiry during the trial, Appellant failed to return to USCGC BOUTWELL after a period of authorized leave, and remained absent from 18 February 2001 until 24 March 2001, when he was apprehended in Arkansas by local authorities. While absent, he missed USCGC BOUTWELL’s scheduled movement from Golfito, Costa Rica to Alameda, California and used marijuana. The military judge accepted Appellant’s pleas, and sentenced Appellant to 75 days confinement, reduction to paygrade E-1, and a bad conduct discharge. The military judge, with concurrence of both the trial counsel and trial defense counsel, determined that Appellant was entitled to credit for 53 days of pretrial confinement under United States v. Allen, 17 M.J. 126 (C.M.A. 1984). The convening authority disapproved the findings of guilt to the charge and specification of unauthorized absence, approved the remaining findings, and approved the sentence as adjudged, but suspended all confinement in excess of 60 days for a period of 12 months as provided under the pre-trial agreement. | Docket No. 1176 | Coast Guard Court of Criminal Appeals | 3/27/2003 | 3/27/2003 | | 10/5/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES v. LEAL 76 M.J.862 | Appellant was tried by special court-martial, military judge alone. Contrary to his pleas, Appellant was convicted of one specification of abusive sexual contact, in violation of Article 120, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to reduction to E-1, confinement for thirty days, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. | Docket No. 1445 | Coast Guard Court of Criminal Appeals | 10/19/2017 | 10/19/2017 | | 10/19/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V FRYE - PER CURIAM | Appellant was tried by special court-martial, judge alone. Pursuant to his guilty pleas, entered in accordance with a pretrial agreement, he was convicted of the following offenses: one specification of conspiracy with Coast Guard Seaman Recruit Aaron M. Freeman to commit larceny of $600 from a Coast Guard shipmate, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of wrongful appropriation of a shipmate's Automated Teller Machine (ATM) card, and one specification of larceny of $400 from that shipmate, in violation of Article 121, UCMJ. The military judge sentenced Appellant to a bad conduct discharge (BCD), confinement for 100 days, and a fine of $200. The convening authority approved the BCD, the fine of $200, and a reduced period of confinement of 75 days, which was within the terms of the pretrial agreement. Before this Court, Appellant has assigned two errors both of which are rejected as described below. | Docket No. 1173 | Coast Guard Court of Criminal Appeals | 3/20/2003 | 3/20/2003 | | 10/5/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V FREEMAN - PER CURIAM | Appellant was tried by special court-martial, judge alone. Pursuant to his guilty pleas, entered in accordance with a pretrial agreement, he was convicted of the following offenses: one specification of conspiracy with Coast Guard Fireman Apprentice James R. Frye to commit larceny of $600 from a Coast Guard shipmate, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of larceny of a shipmate's Automated Teller Machine (ATM) card, and two specifications of larceny of $100 from that shipmate, in violation of Article 121, UCMJ. The military judge sentenced Appellant to a bad conduct discharge (BCD), confinement for four months, and a fine of $300. The convening authority approved the BCD, the fine of $300, and a reduced period of confinement of 75 days, which was within the terms of the pretrial agreement. Before this Court, Appellant has assigned three errors, all of which are rejected as described below. | Docket No. 1174 | Coast Guard Court of Criminal Appeals | 3/20/2003 | 3/20/2003 | | 10/5/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MILLER - 61 MJ 827 | Appellant was tried by special court-martial military judge alone on 21 November 2003. After conviction of various drug offenses pursuant to pleas of guilty, entered in accordance with a pretrial agreement, Appellant was sentenced by the judge to a bad-conduct discharge and reduction to E-1, which the Convening Authority approved on 18 June 2004. | DOCKET NO. 005-69-01 | Coast Guard Court of Criminal Appeals | 10/19/2005 | 10/19/2005 | | 10/24/2017 |