| 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 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MEDINA - 69 MJ 637 | 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 sodomy, in violation of Article 125, Uniform Code of Military Justice (UCMJ); and one specification of assault consummated by battery, in violation of Article 128, UCMJ. The military judge sentenced Appellant to confinement for thirteen 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. 1325 | Coast Guard Court of Criminal Appeals | 9/24/2010 | 9/24/2010 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MCLEOD - 67 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 sodomy with a child under the age of sixteen, in violation of Article 125, Uniform Code of Military Justice (UCMJ); and one specification of committing indecent acts with another, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for three months, total forfeitures, 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. 1262 | Coast Guard Court of Criminal Appeals | 8/29/2008 | 8/29/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V ANGEL (2019 WL 6795622) | 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 sexual assault of a child in violation of Article 120b, Uniform Code of Military Justice (UCMJ) and one specification of wrongful possession of child pornography in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for five years, reduction to E-1, and a dishonorable discharge. The Convening Authority approved the sentence, but suspended confinement in excess of fifty months in accordance with the pretrial agreement.
Before this Court, without admitting that the findings and sentence are correct in law and fact, Appellant has submitted this case on its merits as to any and all errors.
We see an ambiguity in the suspension language of the Convening Authority’s Action, particularly as it diverges from the language of the pretrial agreement. We also see a separate problem in the military judge’s discussion of the pretrial agreement’s suspension terms.
Decision
The Convening Authority’s action is set aside. The record of trial is returned to the Judge Advocate General for remand to the Convening Authority, who shall withdraw the original action and substitute a corrected action. The record shall then be returned to this court for review under Article 66(c), UCMJ. | Docket No. 1467 | Coast Guard Court of Criminal Appeals | 12/13/2019 | 12/13/2019 | | 12/19/2019 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V NETZEL - 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 possession of child pornography, and one specification of violating 18 U.S.C. 1470 by attempting to transfer obscene material in interstate commerce to a minor, both in violation of Article 134, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to confinement for fifteen months, reduction to E-1, and a dishonorable discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement did not affect the sentence. | Docket No. 1327 | Coast Guard Court of Criminal Appeals | 6/9/2010 | 6/9/2010 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MITCHELL - 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 making a false official statement, in violation of Article 107, Uniform Code of Military Justice (UCMJ); and two specifications of having sexual intercourse with a child of less than 16 years of age, one specification of abusive sexual contact with a child of less than 16 years of age, and one specification of indecent liberties with a child of less than 16 years of age, all in violation of Article 120, UCMJ. The military judge sentenced Appellant to confinement
for fifteen months, reduction to E-1, and a dishonorable discharge. The Convening Authority approved the sentence except for confinement in excess of twelve months, pursuant to the pretrial agreement. | Docket No. 1323 | Coast Guard Court of Criminal Appeals | 4/23/2010 | 4/23/2010 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V ODONNELL - 65 MJ 795 | 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 larceny, in violation of Article 121, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a dismissal, confinement for fifteen months, and a reprimand. The Convening Authority approved only so much of the sentence as includes a reprimand and confinement for fifteen months, but suspended confinement in excess of twelve months for a period of twelve months from the date of the Convening Authority’s action, pursuant to the terms of the pretrial agreement. | Docket No. 1250 | Coast Guard Court of Criminal Appeals | 10/11/2007 | 10/11/2007 | | 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 MORROW - 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 failure to obey a lawful general order, in violation of Article 92, Uniform Code of Military Justice (UCMJ); one specification of making false official statements, in violation of Article 107, UCMJ; one specification of larceny, in violation of Article 121, UCMJ; and one specification each of mail fraud and of unauthorized selling of transit benefit tickets, both in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for four months, forfeiture of all pay and allowances, reduction to E-3, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged, but suspended the bad-conduct
discharge and confinement in excess of ninety days for six months. | Docket No. 1300 | Coast Guard Court of Criminal Appeals | 4/8/2009 | 4/8/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V DENARO - 62 MJ 663 | 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 conspiracy to wrongfully interfere with an adverse administrative proceeding, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of fraudulent enlistment, in violation of Article 83, UCMJ; two specifications of failing to obey a
lawful order, in violation of Article 92, UCMJ; one specification of making a false official statement, in violation of Article 107, UCMJ; one specification of wrongfully using marijuana and three specifications of wrongfully possessing some amount of marijuana, in violation of Article 112a, UCMJ; two specifications of assault, in violation of Article 128, UCMJ; one specification of wrongfully interfering with an adverse administrative proceeding, in violation of Article 134, UCMJ; and five specifications of wrongfully communicating a threat, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for twenty-seven months, and a reduction to E-1. The Convening Authority approved the sentence as adjudged but suspended the portion of the sentence extending to confinement in excess of 540 days for a period of one year from the date of his action and waived automatic forfeitures for a period of six months from the date of the action. | Docket No. 1243 | Coast Guard Court of Criminal Appeals | 2/2/2006 | 2/2/2006 | | 10/24/2017 |
| 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 |
| 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 VANTERPOOL - 65 MJ 669 | 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 assault, in violation of Article 128, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad-conduct discharge, confinement for sixteen months, forfeiture of all pay and allowances, and reduction to E-2. The sentence was unaffected by the pretrial agreement, and the Convening Authority approved it as adjudged. | Docket No. 1255 | Coast Guard Court of Criminal Appeals | 7/2/2007 | 7/20/2007 | | 10/30/2017 |
| 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 HUPP - 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 each of violating 18 U.S.C. § 2252A by receiving child pornography, and violating 18 U.S.C. § 2252A by possessing child pornography, in violation of Article 134, Uniform Code of Military Justice (UCMJ); and one specification of failure to obey a lawful order, in violation of Article 92, 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, and suspended the reduction to E-1 until the date of release from confinement. The pretrial agreement had no effect on the sentence. Appellant was credited with 75 days of credit for pretrial confinement. | Docket No. 1284 | Coast Guard Court of Criminal Appeals | 1/26/2009 | 1/26/2009 | | 10/30/2017 |