| Coast Guard Court of Criminal Appeals | UNITED STATES V SULLIVAN - UNPUBLISHED | Appellant was tried by general court-martial, military judge alone.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 the following offenses: one specification of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of false official statement, in violation of Article 107, UCMJ ; one specification of wrongfully distributing cocaine and two
specifications of wrongfully using cocaine, all in violation of Article 112a, UCMJ; two specifications of larceny, in violation of Article 121, UCMJ; and one specification of violating 18 U.S.C. § 922(j) by selling a stolen firearm transported in interstate commerce, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for seven 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 pretrial agreement did not affect the sentence. | Docket No. 1293 | Coast Guard Court of Criminal Appeals | 3/26/2009 | 3/26/2009 | | 10/30/2017 |
| 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 HEWITT 61 MJ 703 | 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 forcible sodomy, in violation of Article 125, Uniform Code of Military Justice (UCMJ); two specifications of indecent assault and one specification of wrongfully providing alcoholic beverage to an individual under the age of twenty-one years, in violation of Article 134, UCMJ.
The judge sentenced Appellant to a dishonorable discharge, confinement for eighty-four months, and reduction to E-1. The Convening Authority approved the sentence as adjudged but suspended confinement in excess of sixty months for twelve months from the date of Appellant’s release from confinement as required by the pretrial agreement. The Convening Authority also credited Appellant with six days of pretrial confinement pursuant to United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1220 | Coast Guard Court of Criminal Appeals | 3/30/2005 | 3/30/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V JOHNSON - 65 MJ 919 | 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 dereliction of duty, in violation of Article92, Uniform Code of Military Justice (UCMJ); one specification of willful and wrongful damage to personal property owned by another, in violation of Article 109, UCMJ; and one specification each of wrongful use, wrongful distribution, and wrongful introduction of cocaine onto a vessel, aircraft, vehicle, or installation used by the armed forces, all in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for eighteen months, and reduction to E-1. After announcing the sentence, the military judge credited Appellant with 127 days of Allen credit for pretrial confinement served between 25 January 2005 and the date of trial. United States v. Allen, 17 M.J. 126 (C.M.A. 1984). Under the terms of the pretrial agreement, the Convening Authority approved the sentence as adjudged but suspended all confinement in excess of fourteen months for twelve months from the date the accused is released from confinement. | Docket No. 1254 | Coast Guard Court of Criminal Appeals | 2/7/2008 | 2/7/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V KAHALLEY - 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 the following offenses: one specification of conspiracy, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of breach of peace, in violation of Article 116, UCMJ; one specification of assault with a dangerous weapon, in violation of Article 128, UCMJ; and one specification each of resisting civil apprehension and reckless endangerment, both in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for two years, 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. 1283 | Coast Guard Court of Criminal Appeals | 1/23/2009 | 1/23/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V ABDUL-RAHMAN - 59 MJ 924 | 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: four specifications of failure to obey a lawful general order by engaging in sexually explicit behavior with four different females on board USCGC RUSH, and one specification of violating a lawful general order by wrongfully possessing alcohol aboard USCGC RUSH, in violation of Article 92, Uniform Code of Military Justice (UCMJ); one specification of sodomy with a female third class cadet, in violation of Article 125, UCMJ; one specification of unlawfully entering a female berthing area with the intent to commit a criminal offense, in violation of Article 130, UCMJ; and two specifications of indecent acts with another, in violation of Article 134, UCMJ. The judge sentenced Appellant to a bad-conduct discharge and confinement for 180 days, which was approved by the Convening Authority, unaffected by the pretrial agreement. | Docket No. 1192 | Coast Guard Court of Criminal Appeals | 5/14/2004 | 5/14/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V YANGER - 68 MJ 540 | 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 wrongfully using cocaine, in violation of Article 112a, Uniform Code of Military Justice (UCMJ); and one specification of involuntary manslaughter, in violation of Article 119, UCMJ. The military judge sentenced Appellant to reduction to E-1, forfeiture of all pay and allowances, confinement for six years, and a dishonorable discharge. The Convening Authority approved the sentence as adjudged and suspended the execution of confinement in excess of forty-three months for eighteen months from the date the accused is released from confinement, pursuant to the terms of the pretrial agreement. The Convening Authority also credited Appellant with 105 days of pretrial confinement pursuant to United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1271 | Coast Guard Court of Criminal Appeals | 9/4/2009 | 9/4/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V YANGER - 66 MJ 534 | 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 wrongfully using cocaine, in violation of Article 112a, Uniform Code of Military Justice (UCMJ); and one specification of involuntary manslaughter, in violation of Article 119, UCMJ. The military judge sentenced Appellant to reduction to E-1, forfeiture of all pay and allowances, confinement for six years, and a dishonorable discharge. The Convening Authority approved the sentence as adjudged and suspended the execution of confinement in excess of forty-three months for eighteen months from the date the accused is released from confinement, pursuant to the terms of the pretrial agreement. The Convening Authority also credited Appellant with 105 days of pretrial confinement pursuant to United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1271 | Coast Guard Court of Criminal Appeals | 3/21/2008 | 3/21/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V USRY - 68 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 one specification of wrongful appropriation, in violation of Article 121, Uniform Code of Military Justice (UCMJ); and one specification of violating 18 U.S.C. 2252A by transporting child pornography in interstate or foreign commerce, one specification of violating 18 U.S.C. 2252A
by receiving child pornography, and three specifications of violating 18 U.S.C. 2252A by possessing child pornography, all in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for thirty-six months, reduction to E-1, forfeiture of all pay and allowances, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged, but suspended confinement in excess of twenty-four months for twelve months. The pretrial agreement did not affect the sentence. | Docket No. 1298 | Coast Guard Court of Criminal Appeals | 8/5/2009 | 8/5/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V GOMEZ - 66 MJ 663.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 violating a lawful general order, in violation of Article 92, Uniform Code of Military Justice (UCMJ); one specification of unauthorized absence, in violation of Article 86, UCMJ; and one specification of obstruction of justice, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for twenty-four months, forfeiture of all pay and allowances, 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. 1276 | Coast Guard Court of Criminal Appeals | 6/6/2008 | 6/6/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MARTIN PER CURIAM MJ | 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 violating a lawful general order, in violation of Article 92, Uniform Code of Military Justice (UCMJ); and one specification of violating 18 U.S.C. 2252A by knowingly receiving material containing child pornography that had been transported in interstate commerce by computer and one specification of violating 18 U.S.C. 2252A by knowingly possessing sheets of paper containing an image of child pornography, both in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for thirty-two months, forfeiture of all pay and allowances, and reduction to E-1. The Convening Authority approved the sentence as adjudged except changed the adjudged bad-conduct discharge to twelve months confinement, ostensibly pursuant to the terms of the pretrial agreement. | Docket No. 1260 | Coast Guard Court of Criminal Appeals | 12/6/2006 | 12/6/2006 | | 10/25/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V LECOMTE - 63 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 one specification of violating a general order by using Coast Guard office equipment to view, download, and store sexually explicit materials, in violation of Article 92, Uniform Code of Military Justice (UCMJ); and one specification of knowingly receiving material containing child pornography that had been transported in interstate commerce by computer, one specification of knowingly transporting child pornography in interstate commerce by computer, and one specification of knowingly possessing computer disks containing images of child pornography that had been transported in interstate commerce by computer, all in violation of 18 U.S.C. §
2252A, under Article 134, UCMJ. The military judge sentenced Appellant to confinement for
four years and reduction to E-4. The Convening Authority approved the sentence as adjudged,
but, as required by the pretrial agreement, suspended all confinement in excess of twelve months
for twelve months from the date of the accused’s release from confinement. In approving the sentence as adjudged, the Convening Authority also included in his action the following
unwarranted language: “…and except for that part of the sentence extending to a bad conduct discharge will be executed.” That additional language was not included in the promulgating
order’s account of the Convening Authority’s action. | Docket No. 1221 | Coast Guard Court of Criminal Appeals | 11/16/2005 | 11/16/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V NAPUTI II - 68 MJ 538 | 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 violating 18 U.S.C. 2252A(a)(5)(B) by knowingly and wrongfully possessing child pornography, in violation of Article 134, Uniform Code of Military Justice (UCMJ); and one specification of dereliction of duty, in violation of Article 92, UCMJ. The military judge sentenced Appellant to confinement for three years, forfeiture of all pay and allowances, reduction to E-1, and a dishonorable discharge. Pursuant to the terms of the pretrial agreement, the Convening Authority reduced the dishonorable discharge to a bad-conduct discharge and suspended all confinement in excess of eighteen months for a period of twelve months from the date Appellant is released from confinement. | Docket No. 1286 | Coast Guard Court of Criminal Appeals | 7/29/2009 | 7/29/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V HUGHES - 62 MJ 621 | 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 violating 18 U.S.C. § 2252A by knowingly possessing child pornography that had been transported in interstate or foreign commerce, in violation of Article 134, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad-conduct discharge, a reduction to the rate of E-1, forfeiture of all pay and allowances, and confinement for eight months. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the sentence. | Docket No. 1205 | Coast Guard Court of Criminal Appeals | 12/30/2005 | 12/30/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V NAPUTI | 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 violating 18 U.S.C. § 2251(a), by wrongfully and knowingly possessing child pornography, in violation of Article 134, Uniform Code of Military Justice (UCMJ), and of one specification of dereliction of duty, in violation of Article 92, UCMJ. The military judge sentenced Appellant to be discharged from the Coast Guard with a dishonorable discharge, reduction to E-1, forfeiture of all pay and allowances, and confinement for three years. Pursuant
to the terms of the pretrial agreement, the Convening Authority reduced the dishonorable discharge to a bad-conduct discharge and suspended all confinement in excess of eighteen
months for a period of twelve months from the date Appellant is released from confinement. | Docket No. 1286 | Coast Guard Court of Criminal Appeals | 12/16/2008 | 12/16/2008 | | 10/30/2017 |