| Coast Guard Court of Criminal Appeals | UNITED STATES V CORRAL - UNPUBLISHED | UNITED STATES V CORRAL - UNPUBLISHED
Coast Guard Court of Criminal Appeals Order | Docket No. 1373 | Coast Guard Court of Criminal Appeals | 2/26/2014 | 2/26/2014 | | 9/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V CORDERO (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 being absent without leave, in violation of Article 86, Uniform Code of Military Justice (UCMJ); and two specifications of wrongful use of marijuana, a Schedule I controlled
substance, and two specifications of wrongful use of cocaine, a Schedule I controlled substance, all 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 sentence. | Docket No. 1270 | Coast Guard Court of Criminal Appeals | 1/31/2007 | 1/31/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V COOLEY - UNPUBLISHED | UNITED STATES V COOLEY - UNPUBLISHED
Coast Guard Court of Criminal Appeals Opinion | Docket No. 1389 | Coast Guard Court of Criminal Appeals | 12/24/2014 | 12/24/2014 | | 9/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V CONOVER - 61 MJ 681 | 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 the following offenses: three specifications of wrongful use of marijuana, one specification of wrongful distribution of marijuana, one specification of wrongful use of cocaine, and one specification of wrongful distribution of Oxycontin, all in violation of Article 112a, Uniform Code of Military Justice (UCMJ); three specifications of carnal knowledge in violation of Article 120, UCMJ; one specification of assaulting a petty officer in violation of Article 128, UCMJ; and one specification of violating 18 U.S.C. § 2423 by knowingly transporting a person under the age of eighteen from North Carolina to Virginia to engage in sexual activity, one specification of wrongfully and falsely altering a U.S. Armed Forces identification card, one specification of committing an indecent act on the body of a female under sixteen years of age, two specifications of breaking restriction, and two specifications of unlawfully entering the berthing room of a female seaman, all in violation of Article 134, UCMJ. | Docket No. 1217 | Coast Guard Court of Criminal Appeals | 7/28/2005 | 7/28/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V COLLOVA - 47 MJ 829 | UNITED STATES V COLLOVA - 47 MJ 829 - CGCCA Opinion | Docket No. 1080 | Coast Guard Court of Criminal Appeals | 2/6/1998 | 2/6/1998 | | 8/29/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V COLLEY - 51 MJ 568 | UNITED STATES V DUNCAN - UNPUBLISHED - CGCCA Opinion | Docket No. 1110 | Coast Guard Court of Criminal Appeals | 8/24/1999 | 8/24/1999 | | 8/29/2017 |
| 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 COKER - 67 MJ 571 | 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 the following
offenses: two specifications of attempt to commit indecent liberties with a child, in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of fraudulent appointment,
in violation of Article 83, UCMJ; one specification of assault consummated by a battery against a child, in violation of Article 128, UCMJ; two specifications of conduct unbecoming an officer, in
violation of Article 133, UCMJ; and four specifications of indecent acts or indecent liberties with a child, one specification of violating 18 U.S.C. § 2252A by receiving child pornography, and one
specification of kidnapping, all in violation of Article 134, UCMJ. The military judge sentenced Appellant to dismissal from the Coast Guard, total forfeitures, and confinement for thirty years,
against which he ordered credit for 132 days of pretrial confinement. The Convening Authority approved the sentence as adjudged, suspended the confinement in excess of twelve years until six months after Appellant is released from confinement, pursuant to the pretrial agreement, and applied 132 days of pretrial confinement credit against the approved confinement in accordance with United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1280 | Coast Guard Court of Criminal Appeals | 11/21/2008 | 11/21/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V COCKROFT - UNPUBLISHED | UNITED STATES V COCKROFT - UNPUBLISHED - Coast Guard Court of Criminal Appeals Decision | Docket No. 1142 | Coast Guard Court of Criminal Appeals | 3/14/2001 | 3/14/2001 | | 8/31/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V COCKRELL - 60 MJ 501 | 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 the following offenses: one specification of unauthorized absence for one day, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of wrongful use of marijuana on divers occasions, in violation of Article 112a, UCMJ; and one specification of wrongfully receiving child pornography, one specification of wrongfully possessing child pornography, and one specification of watching child pornography aboard a Coast Guard facility, under circumstances prejudicial to good order and discipline, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a dishonorable discharge, confinement for eighteen months, forfeiture of all pay and allowances, and reduction to E-1. The Convening Authority reduced the dishonorable discharge to a bad-conduct discharge, which he approved along with the remainder of the adjudged sentence. Pursuant to the terms of the pretrial agreement, the Convening Authority also suspended execution of confinement in excess of ten months for a period of eighteen months from the date of sentencing on 10 July 2003. | Docket No. 1199 | Coast Guard Court of Criminal Appeals | 6/18/2004 | 6/18/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V CLIFTON 69 MJ 719 | UNITED STATES V CLIFTON 69 MJ 719
Coast Guard Court of Criminal Appeals - Opinion | Docket No. 1332 | Coast Guard Court of Criminal Appeals | 3/9/2011 | 3/9/2011 | | 9/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V CLIFFT 77 MJ 712 | A general court-martial of members with enlisted representation convicted Appellant, contrary to his pleas, of one specification of false official statement in violation of Article 107, Uniform Code of Military Justice (UCMJ); one specification of sexual assault in violation of Article 120, UCMJ; and two specifications of assault and battery in violation of Article 128, UCMJ. The members sentenced Appellant to confinement for four years, reduction to pay grade E-1, forfeiture of all pay and allowances, and a dishonorable discharge. The Convening Authority approved the sentence as adjudged.
Appellant now asserts the following:
1. The record is incomplete and: (a) the trial counsel erred by attempting to complete an otherwise incomplete record; (b) the staff judge advocate failed to adequately address allegations in clemency matters of an incomplete record; and (c) because the record was incomplete, the convening authority erred by approving a sentence greater than that available at a special court-martial.
2. The military judge erred in his instructions regarding consent and trial defense counsel were ineffective for failing to ask for a correct instruction.
3. The military judge erred by permitting what amounted to a substantial variance between the charged offense and the verdict.1
4. The military judge erred by allowing “profiling evidence,” including uncharged misconduct.
5. The evidence of sexual assault is legally and factually insufficient.
6. The military judge erred by denying in-camera review of mental health records.
7. The military judge erred by denying a challenge for cause of one of the members. | Docket No. 1446 | Coast Guard Court of Criminal Appeals | 3/12/2018 | 3/12/2018 | | 3/19/2018 |
| 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 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 |
| Coast Guard Court of Criminal Appeals | United States V CAULFIELD 72 M.J. 690 | United States V CAULFIELD 72 M.J. 690
Coast Guard Court of Criminal Appeals Opinion | Docket No. 1362 | Coast Guard Court of Criminal Appeals | 7/16/2013 | 7/16/2013 | | 9/18/2017 |