Coast Guard Court of Criminal Appeals | UNITED STATES V WESTVEER - UNPUBLISHED | Appellant was tried by general court-martial, military judge alone.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 two specifications of failure to obey a general order and two specifications of dereliction of duty, in violation of Article 92, Uniform Code of Military Justice (UCMJ); one specification of assault, in violation of Article 128, UCMJ; and one specification of attempting to receive child pornography, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for twelve months, reduction to E-3, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. However, the Promulgating Order erroneously states that the sentence included forfeiture of all pay and allowances. We will order a correction. | Docket No. 1305 | Coast Guard Court of Criminal Appeals | 10/27/2009 | 10/27/2009 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V LINDSEY - 67 MJ 774 | 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 failure to obey a lawful order, in violation of Article 92, Uniform Code of Military Justice (UCMJ), and one specification of dishonorably failing to pay a debt, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for 120 days, reduction to E-1, and a bad-conduct discharge. | Docket No. 1295 | Coast Guard Court of Criminal Appeals | 6/12/2009 | 6/12/2009 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V DANIEL - UNPUBLISHED | Appellant was tried by general court-martial, military judge alone.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 indecent assault and three specifications of violating 18 U.S.C. § 2252A by receiving or possessing three or more visual depictions of child pornography, all in violation of Article 134, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant
to confinement for thirty-two months, reduction to E-1, forfeiture of all pay and allowances, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. The sentence was unaffected by the pretrial agreement. | Docket No. 1296 | Coast Guard Court of Criminal Appeals | 6/17/2009 | 6/17/2009 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V TIJERINA (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, 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; one specification each of wrongfully using marijuana and wrongfully using cocaine, both in violation of Article 112a, UCMJ; and one specification each of an indecent act and obstructing justice, both in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for three 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. 1306 | Coast Guard Court of Criminal Appeals | 7/13/2009 | 7/13/2009 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V JOHNSON (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 making false official statements, in violation of Article 107, Uniform Code of Military Justice (UCMJ); and five specifications of wrongful distribution, possession, and use of a Schedule I controlled substance, in violation of Article 112a, 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, but suspended confinement in excess of 120 days for twelve months, pursuant to the pretrial agreement. | Docket No. 1308 | Coast Guard Court of Criminal Appeals | 7/29/2009 | 7/29/2009 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V HOLLAND - 68 MJ 576 | 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 two specifications of distributing cocaine, in violation of Article 112a, Uniform Code of Military Justice (UCMJ); and one specification each of indecent acts with a minor, indecent exposure, and wrongfully providing alcohol to minors, all in violation of Article 134, UCMJ. The military
judge sentenced Appellant to confinement for fifteen 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 sentence. | Docket No. 1301 | Coast Guard Court of Criminal Appeals | 12/8/2009 | 12/8/2009 | | 10/30/2017 |
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 GARCIA E - 68 MJ 561. | Appellant was tried by a 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 insubordinate conduct toward a superior petty officer, in violation of Article 91, Uniform Code of Military Justice (UCMJ); one specification of dereliction of duty, in violation of Article 92, UCMJ; two specifications of making a false official statement, in violation of Article 107, UCMJ; one specification of wrongful distribution of a controlled substance, in violation of Article 112a, UCMJ; and one specification of committing an indecent act, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for eight 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 did not affect the sentence. | Docket No. 1304 | Coast Guard Court of Criminal Appeals | 11/3/2009 | 11/3/2009 | | 10/30/2017 |
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 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 AMOROSO - UNPUBLISHED | 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 attempting to furnish alcohol to a minor and three specifications of attempting to communicate indecent language to a minor, all in violation of Article 80, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to confinement for ten months, reduction to E-1, forfeiture of all pay and allowances, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged and suspended confinement in excess of six months for six months, pursuant to the pretrial agreement. | Docket No. 1313 | Coast Guard Court of Criminal Appeals | 12/8/2009 | 12/8/2009 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V TWEHUS - UNPUBLISHED.PDF | 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 two specifications of wrongful use of marijuana and one specification of wrongful introduction of marijuana onto a military installation, in violation of Article 112a, Uniform Code of Military (UCMJ). The military judge sentenced Appellant to 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. 1315 | Coast Guard Court of Criminal Appeals | 2/4/2010 | 2/4/2010 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V MARTINEZ - 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 two specifications of attempted larceny, in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of conspiring to commit larceny, in violation of Article 81, UCMJ; two specifications of failing to go to appointed place of duty, in violation of Article 86, UCMJ; one specification of failing to obey a lawful order, in violation of Article 92, UCMJ; one specification of wrongful appropriation, in violation of Article 121, UCMJ; and one specification each of receiving stolen property and public drunkenness, both in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for seventy-five days, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged, and suspended confinement in excess of fifty days for six months, pursuant to the pretrial agreement. | Docket No. 1321 | Coast Guard Court of Criminal Appeals | 2/25/2010 | 2/25/2010 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V BATES - 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 violating a lawful general order, in violation of Article 92, Uniform Code of Military Justice (UCMJ); and two specifications of adultery and four specifications of using indecent language with a child under 16 years of age, all in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement 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. 1324 | Coast Guard Court of Criminal Appeals | 3/26/2010 | 3/26/2010 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V LEMUS - UNPUBLISHED.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 committing an indecent act upon a female less than 16 years of age, in violation of Article 134, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to confinement for forty-five months, reduction to E-1, and a dishonorable discharge. The Convening Authority approved the sentence as adjudged, and suspended confinement in excess of eighteen months, pursuant to the pretrial agreement. | Docket No. 1322 | Coast Guard Court of Criminal Appeals | 3/26/2010 | 3/26/2010 | | 10/30/2017 |