| Coast Guard Court of Criminal Appeals | UNITED STATES V BROWN (2ND) OPINION (UNPUBLISHED) | A military judge sitting as a special court-martial convicted Appellant, contrary to his pleas, of three specifications of disrespect toward a petty officer and one specification of violation of a lawful general order prohibiting sexual harassment, in violation of Articles 91 and 92, Uniform Code of Military Justice (UCMJ). The court sentenced Appellant to reduction to E-4, a reprimand, and restriction for thirty days. The convening authority approved the sentence. Judgment was entered accordingly. Approving Appellant’s timely application, the Judge Advocate General, U.S. Coast Guard, sent the case to this Court pursuant to Article 69(d), UCMJ.
Decision
Only so much of the sentence as provides for a reprimand and restriction for thirty days is approved. The current reprimand, which references the sexual harassment conviction, is set aside. A revised reprimand shall be substituted. We determine that the remaining findings and the newly reassessed sentence are correct in law and, on the basis of the entire record, should be approved. Accordingly, the remaining findings of guilty and the sentence, as reassessed, are affirmed. | Docket No. 001-69-21 | Coast Guard Court of Criminal Appeals | 7/19/2024 | 7/19/2024 | | 7/22/2024 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BROWN - 59 MJ 564 | UNITED STATES V BROWN - 59 MJ 564
Coast Guard Court of Criminal Appeals | Docket No. 1105 | Coast Guard Court of Criminal Appeals | 6/17/2002 | 6/17/2002 | | 9/15/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BROWN - 52 MJ 724 | UNITED STATES V BROWN - 52 MJ 724 - Coast Guard Court of Criminal Appeal Decision | Docket No. 1105 | Coast Guard Court of Criminal Appeals | 2/16/2000 | 2/16/2000 | | 8/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BROGDEN - PER CURIAM - UNPUBLISHED | UNITED STATES V BROGDEN - PER CURIAM - UNPUBLISHED
Coast Guard Court of Criminal Appeals Decision | Docket No. 1157 | Coast Guard Court of Criminal Appeals | 1/30/2002 | 1/30/2002 | | 8/31/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BRISCOE - UNPUBLISHED | UNITED STATES V BRISCOE - UNPUBLISHED
Coast Guard Court of Criminal Appeals | Docket No. 001-62-12 | Coast Guard Court of Criminal Appeals | 6/12/2012 | 6/12/2012 | | 9/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BRIDGES - 65 MJ 531 | Appellant was tried by a 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 insubordinate conduct toward a superior petty officer, in violation of Article 91, Uniform Code of Military Justice (UCMJ); one specification of wrongfully using
marijuana, one specification of wrongfully using cocaine, and one specification of wrongfully using Xanax (Alprazolam), a Schedule IV controlled substance, all in violation of Article 112a, UCMJ;
and one specification of breaking restriction, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, reduction to E-1, and confinement for 120 days,
against which he ordered credit for 104 days of pretrial confinement pursuant to United States v. Allen, 17 M.J. 126 (C.M.A. 1984). The Convening Authority approved the sentence as adjudged and applied the Allen credit against the approved confinement, but did not order the sentence executed. The pretrial agreement did not affect the sentence. | Docket No. 1233 | Coast Guard Court of Criminal Appeals | 5/18/2007 | 5/18/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BRIDGES - 61 MJ 645 | On 6 March 2003, this Court affirmed the findings of guilty and returned the record to the Convening Authority for a rehearing on the sentence. United States v. Bridges, 58 M.J. 540 (C.G.Ct.Crim.App. 2003). Appellant elected to be sentenced by military judge alone in accordance with an agreement with the Convening Authority for a limitation on the sentence. Although executed prior to the sentence rehearing and explained to Appellant at the rehearing by the military judge, all parties and the military judge referred to the document as a post-trial agreement. The military judge sentenced Appellant to a dishonorable discharge, sixteen years and six months confinement, and reduction to E-1. Pursuant to the post-trial agreement, the Convening Authority suspended all confinement in excess of twelve years for a period of twelve months from the date of his action. The Convening Authority also credited Appellant for his confinement at a civilian facility, the U.S. Disciplinary Barracks, and for pre-sentence hearing confinement at the NAS Pensacola Brig. | Docket No. 1147 | Coast Guard Court of Criminal Appeals | 7/8/2005 | 7/8/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BRIDGES - 58 MJ 540 | Appellant was tried by a general court-martial composed of officer members. Contrary to his pleas, he was convicted of two specifications of indecent acts with a child in violation of Article 134, Uniform Code of Military Justice (UCMJ); one specification of rape of a child under age 12 in violation of Article 120, UCMJ; and one specification of forcible sodomy upon a child under age 12 in violation of Article 125, UCMJ. Appellant was sentenced to reduction to pay grade E-1, forfeiture of all pay and allowances, confinement for 22 years, and a dishonorable discharge. The convening authority disapproved and dismissed one specification of indecent acts and the sole specification and charge of forcible sodomy, and approved the findings of guilt for the charge and one specification of indecent acts with a child and the charge and one specification of rape of a child under 12. The convening authority approved the reduction,forfeitures, and punitive discharge as adjudged, but approved confinement for only 20 years. | Docket No. 1147 | Coast Guard Court of Criminal Appeals | 3/6/2003 | 3/6/2003 | | 10/5/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BRANTNER - 54 MJ 595 | UNITED STATES V BRANTNER - 54 MJ 595 - Coast Guard Court of Criminal Appeals Opinion | Docket No. 1103 | Coast Guard Court of Criminal Appeals | 12/21/2000 | 12/21/2000 | | 8/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BRADDOCK (UNPUBLISHED) | Per curiam:
A military judge sitting alone as a special court-martial convicted Appellant, consistent with his pleas, of four specifications of distribution of marijuana, one specification of use of marijuana, and one specification of assault consummated by a battery, in violation of Articles 112a and 128, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to confinement for nine months, reduction to pay grade E-1, and a bad-conduct discharge, which the Convening Authority approved. There was a pretrial agreement, but it had no impact on the sentence.
Pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), Appellant personally asserts that his sentence to a bad conduct discharge is inappropriately severe. We disagree. Reviewing de novo and considering this particular accused and his offenses, see United States v.Olsen, 79 M.J. 682, 691 (C.G. Ct. Crim. App. 2019), we conclude that Appellant’s sentence is appropriate and should be approved. See Article 66(c), UCMJ. | Docket No. 1468 | Coast Guard Court of Criminal Appeals | 3/20/2020 | 3/20/2020 | | 3/25/2020 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BONILLA - 66 MJ 654 | 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 absenting himself and remaining absent from his place of duty, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification each of wrongfully using and distributing marijuana, in violation of Article 112a, UCMJ; and one specification of willfully damaging, without proper authority, military property of the United States, in violation of Article 108, UCMJ. Contrary to his pleas, Appellant was also convicted of one specification of wrongfully communicating a threat to kill or seriously physically injure another, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, forfeiture of all pay and allowances, reduction to E-1, and confinement for 300 days. The Convening Authority approved the sentence as adjudged. | Docket No. 1259 | Coast Guard Court of Criminal Appeals | 6/6/2008 | 6/6/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BOERLAGE - UNPUBLISHED | UNITED STATES V BOERLAGE - UNPUBLISHED
Coast Guard Court of Criminal Appeals | Docket No. 1423 | Coast Guard Court of Criminal Appeals | 10/13/2016 | 10/13/2016 | | 9/1/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BLAIR - 67 MJ 566 | 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 three specifications of violating a lawful general order, in violation of Article 92, Uniform Code of Military Justice (UCMJ); nine specifications of making a false official statement, in violation of Article 107, UCMJ; one specification of neglectful damage to military property, in violation of Article 108, UCMJ; and the following in violation of Article 134, UCMJ: one specification of wrongfully recruiting for, soliciting membership in, and promoting activities of the Ku Klux
Klan while publicly displaying an affiliation with the Armed Services; one specification of violating Massachusetts General Laws, Chapter 269 § 10(m) and 18 U.S.C. § 13 by wrongfully
possessing a large capacity firearm; one specification of violating Massachusetts General Laws, Chapter 269 § 10(h) and 18 U.S.C. § 13 by wrongfully possessing seven dangerous weapons; one specification of violating 26 U.S.C. §§ 5845(a), 5861(d), and 5871 by unlawfully knowingly receiving and possessing a firearm that is a destructive device (an explosive bomb); one specification of being drunk and disorderly; three specifications of wrongfully endeavoring to impede an investigation; and one specification of willfully and unlawfully altering a public record. The military judge sentenced Appellant to a bad-conduct discharge, confinement for one year, and reduction to E-3. The sentence was unaffected by the pretrial agreement, and the Convening Authority approved it as adjudged. | Docket No. 1278 | Coast Guard Court of Criminal Appeals | 11/13/2008 | 11/13/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | United States V BISEL (UNPUBLISHED) | United States V BISEL (UNPUBLISHED)
Coast Guard Court of Criminal Appeals Opinion | Docket No. 002-62-13 | Coast Guard Court of Criminal Appeals | 10/16/2013 | 10/16/2013 | | 9/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BICKLE (MERITS) | 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. § 1462 by knowingly using or causing to be used an interactive computer service for carriage of obscene materials in interstate or foreign commerce, two specifications of violating 18 U.S.C. § 2252A by knowingly receiving visual depictions of minors engaged in sexually explicit conduct that had been transported in interstate or foreign commerce, and one specification of violating 18 U.S.C. § 2252A by knowingly possessing visual depictions of minors engaged in sexually explicit conduct, all in violation of Article 134, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad conduct discharge, confinement for twenty-nine months, and reduction to E-1. The Convening Authority approved the sentence as adjudged and suspended confinement in excess of eighteen months for a period of twelve months from the date Appellant is released from confinement, pursuant to the terms of the pretrial agreement. | Docket No. 1269 | Coast Guard Court of Criminal Appeals | 1/31/2007 | 1/31/2007 | | 10/30/2017 |