| Coast Guard Court of Criminal Appeals | UNITED STATES V UPHAM (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 conduct unbecoming an officer and a gentleman, in violation of Article 133, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a dismissal from the Coast Guard, forfeiture of all pay and allowances, and confinement for ninety days. The Convening Authority approved the sentence as adjudged and suspended all confinement for a period of twelve months from the date Appellant was sentenced, pursuant to the terms of the pretrial agreement. | Docket No. 1268 | Coast Guard Court of Criminal Appeals | 1/31/2007 | 1/31/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V WELDIN PER CURIAM | 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 Article 134, Uniform Code of Military Justice (UCMJ), by knowingly possessing visual depictions of minors engaged in sexually explicit conduct on computer disks
that had been transported in interstate or foreign commerce, in violation of 18 U.S.C. § 2252A.
The military judge sentenced Appellant to a bad-conduct discharge, confinement for twelve
months, and reduction to E-5. The Convening Authority approved the sentence as adjudged, but
suspended the part of the sentence extending to a bad conduct discharge until the accused retires from active service, at which time, unless the suspension is sooner vacated, the suspended part of the sentence will be remitted without further action. | Docket No. 1245 | Coast Guard Court of Criminal Appeals | 12/22/2005 | 12/22/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MCAULEY - 59 MJ 697 | Appellant was tried by general court-martial, military judge alone. Pursuant to her pleas of guilty, entered in accordance with a pretrial agreement, Appellant was found guilty of the following offenses: one specification of conspiracy to steal and wrongfully dispose of military property of the United States of a value greater than $100, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of wrongful disposition of military property of the United States of a value greater than $100, and one specification of sale of military property of a value greater than $100, in violation of Article 108, UCMJ; and one specification of larceny of military property of the United States of a value greater than $100, in violation of Article 121, UCMJ. The judge sentenced Appellant to a bad conduct discharge, confinement for fifteen months, reduction to E-1, and a $200 fine. The Convening Authority approved the adjudged sentence, but suspended all confinement in excess of eight months, pursuant to the sentence terms of the pretrial agreement. Before this Court, Appellant has assigned two errors. | Docket No. 1177 | Coast Guard Court of Criminal Appeals | 1/9/2004 | 1/9/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V GOGO - UNPUBLISHED | Appellant was tried by general 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 wrongfully using cocaine, in violation of Article 112a, Uniform Code of Military Justice (UCMJ), one specification of sodomy with a child under the age of 16, in violation of Article 125, UCMJ, and one specification of indecent acts with a child under the age of 16, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for twelve 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 adjudged sentence. | Docket No. 1292 | Coast Guard Court of Criminal Appeals | 4/15/2009 | 4/15/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V HUGHES - 60 MJ 509 | Appellant was tried by general court-martial, military judge alone. Pursuant to a pretrial
agreement, Appellant entered pleas of guilty to one specification of dereliction of duty in
violation of Article 92, Uniform Code of Military Justice (UCMJ), and one specification of
obtaining services under false pretenses and one specification of dishonorable failure to pay a
just debt in violation of Article 134, UCMJ. The military judge accepted Appellant’s pleas,
entered findings of guilty to those offenses, and sentenced Appellant to confinement for 170 days
and dismissal from the Coast Guard. Appellant also entered pleas of not guilty to two
specifications of forgery in violation of Article 123, UCMJ, and one specification of
unauthorized absence in violation of Article 86, UCMJ. The latter charges and specifications were withdrawn and dismissed with prejudice. The military judge also recommended that the Convening Authority disapprove the dismissal as a matter of clemency. The Convening Authority approved the sentence as adjudged but suspended confinement in excess of forty-five days until 3 July 2004 as required by the pretrial agreement. | Docket No. 1196 | Coast Guard Court of Criminal Appeals | 5/21/2004 | 5/21/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V WALTERS - 61 MJ 637 | Appellant was tried by general court-martial, military judge alone. Pursuant to a pretrial agreement, Appellant, who has over twenty years of Coast Guard active duty and is eligible for retirement, entered pleas of guilty to five specifications of knowing receipt of child pornography in violation of Article 134, Uniform Code of Military Justice (UCMJ). The military judge accepted Appellant’s pleas, entered findings of guilty to those offenses, and sentenced Appellant to confinement for thirty-six months, 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. 1208 | Coast Guard Court of Criminal Appeals | 4/27/2005 | 4/27/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V ISAAC - 59 MJ 537.PDF | Appellant was tried by general court-martial, military judge alone. Pursuant to a pretrial agreement, Appellant entered pleas of guilty to one specification of simple assault in violation of Article 128, Uniform Code of Military Justice (UCMJ) as a lesser included offense of a charge and specification of indecent assault under Article 134, UCMJ, and to three specifications of conduct unbecoming an officer and a gentleman in violation of Article 133, UCMJ. The simple assault involved Appellant’s acts toward a female fireman (E-3) who was asleep in a female berthing area aboard USCGC MUNRO (WHEC 724) in the early morning hours during a port call in Kodiak, Alaska. The Article 133, UCMJ, violations involved Appellant “forcefully” (sic) picking up and spinning a female petty officer (E-4), “forcefully” (sic) picking up and carrying a female seaman apprentice (E-2) approximately thirty feet, and “forcefully” (sic) picking up and carrying a female petty officer (E-5) on his shoulder. The latter three acts occurred during port calls in Mazatlan, Mexico and San Diego, California. At the time of each of the offenses, Appellant was assigned as operations officer, third-highest ranking officer, on board USCGC MUNRO, a high endurance cutter with a mixed-gender crew of approximately 160. The military judge accepted Appellant’s pleas, entered findings of guilty, and sentenced Appellant to a reprimand and dismissal from the service. The Government, as required by the pretrial agreement, withdrew a number of other charges and did not attempt to prove the charge of indecent assault to which Appellant pled not guilty. The Convening Authority approved the sentence as adjudged. The pretrial agreement required disapproval of fines or forfeitures of over $5,000 and all confinement, but allowed approval of a dismissal, lesser forms of restraint, and other lawful punishments. | Docket No. 1179 | Coast Guard Court of Criminal Appeals | 8/19/2003 | 8/19/2003 | | 10/5/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V FISHER 2018 W.L. 4267286 | Appellant was tried by general court-martial, military judge alone. Contrary to his pleas, Appellant was convicted of one specification of sexual assault, in violation of Article 120, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to confinement for six months, reduction to E-1, and a bad-conduct discharge. At a post-trial Article 39(a), UCMJ, session, acknowledging the mandatory minimum sentence of a dishonorable discharge, the military judge sentenced Appellant to a dishonorable discharge, reduction to E-1, and confinement for ninety days. The Convening Authority approved the sentence as adjudged.
Before this court, Appellant has assigned the following errors:
I. The evidence is not factually and legally sufficient to support the finding of guilty to the sole specification.
II. Article 120(b)(3), UCMJ, is unconstitutionally vague because it fails to define what level of impairment renders a person incapable of consenting.
III. The military judge erred by excluding evidence pursuant to M.R.E. 412 when that evidence was constitutionally required.
After due consideration of the credibility of the evidence, we conclude that the evidence is legally sufficient, and we are convinced beyond a reasonable doubt of Appellant’s guilt. Accordingly, we summarily reject the first assignment. We discuss the other issues and affirm. | Docket No. 1444 | Coast Guard Court of Criminal Appeals | 3/8/2018 | 3/8/2018 | | 3/19/2018 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V SURBROOK PER CURIAM | Appellant was tried by general court-martial, judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of the following offenses: six specifications of larceny of U.S. Coast Guard funds in the amounts of $2,400.00, $2,450.00, $2,450.00, $2,450.00, $2,000.00, and $2,400.00, respectively, in violation of Article 121, Uniform Code of Military Justice (UCMJ). | Docket No. 1201 | Coast Guard Court of Criminal Appeals | 2/5/2005 | 2/5/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MONGROO PER CURIAM | Appellant was tried by general court-martial, 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 making a false official statement, in violation of Article 107, Uniform Code of Military Justice (UCMJ); one specification of assault with a dangerous weapon, a baseball bat, in violation of Article 128, UCMJ; and one specification of making a false distress call, in violation of Article 134, UCMJ. | Docket No. 1204 | Coast Guard Court of Criminal Appeals | 1/31/2005 | 1/31/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V GRIJALVA (83 M.J. 669) | Appellant was tried by general court-martial including enlisted members. Contrary to his pleas, Appellant was convicted of one specification of false official statement, in violation of Article 107, Uniform Code of Military Justice (UCMJ); one specification of obstructing justice, in violation of Article 131b, UCMJ; and one specification of wrongfully broadcasting an intimate visual image, one specification of accessing a computer application without authority and with intent to defraud, one specification of using without authority a means of identification of another person, and one specification of creating a profile on a computer application with intent to defraud, in violation of Article 134, UCMJ. The court sentenced Appellant to confinement for three months, reduction to E-3, and a bad-conduct discharge. Judgment was entered accordingly.
We determine that the findings are correct in law and fact and, on the basis of the entire record, should be approved. Accordingly, the findings of guilty are affirmed. Only so much of the sentence as provides for confinement for two months, reduction to E-3 and a bad-conduct discharge is affirmed. | Docket No. 1482 | Coast Guard Court of Criminal Appeals | 5/9/2023 | 5/9/2023 | | 5/10/2023 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V SAPP (2023 WL 5440570) | Appellant was tried by general court-martial composed of officers. Contrary to his pleas, Appellant was convicted of one specification of assault consummated by a battery, in violation of Article 128, Uniform Code of Military Justice (UCMJ); and one specification of conduct unbecoming an officer by providing false information on an application for a concealed handgun permit, in violation of Article 133, UCMJ. The court sentenced Appellant to forfeiture of $3,920 per month for three months, 60 days restriction, and a punitive letter of reprimand. Judgment was entered accordingly.
Before this Court, Appellant has assigned the following errors:
I. The evidence is legally insufficient to prove that Appellant knowingly provided false information when his incomplete concealed handgun permit application was improperly filed by the Arlington County Circuit Court before he had signed it or attested that the information in the application was correct and complete under the penalty of perjury.
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II. The military judge abused his discretion when he permitted Ms. JB to provide an unsworn victim impact statement during presentencing proceedings in violation of R.C.M. 1001(c) when she was not the victim of an offense of which appellant was found guilty.
We determine that the findings and sentence are correct in law and, on the basis of the entire record, should be approved. Accordingly, the findings of guilty and the sentence, as approved below, are affirmed. | Docket No. 001-69-23 | Coast Guard Court of Criminal Appeals | 8/23/2023 | 8/23/2023 | | 8/23/2023 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V TUSCAN CORRECTED - 67 MJ 592 | Appellant was tried by general court-martial composed of officer and enlisted members. Contrary to his pleas, Appellant was convicted of one specification each of assault with an unloaded firearm and assault consummated by a battery, in violation of Article 128, Uniform
Code of Military Justice (UCMJ). The members sentenced Appellant to a bad-conduct discharge, confinement for twelve months, and reduction to E-1. The Convening Authority approved the sentence as adjudged. | Docket No. 1281 | Coast Guard Court of Criminal Appeals | 12/9/2008 | 12/9/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V STELLON - 65 MJ 802 | Appellant was tried by general court-martial composed of members. Contrary to his pleas, he was convicted of one specification of rape, in violation of Article 120, Uniform Code of Military Justice (UCMJ). The court sentenced Appellant to a bad-conduct discharge, confinement for five years, and reduction to E-1. The Convening Authority approved the sentence as adjudged and suspended confinement in excess of fifty-seven months for thirty months from the date of his action. He also credited fourteen days of confinement in accordance with United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1264 | Coast Guard Court of Criminal Appeals | 10/25/2007 | 10/25/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V SMITH - 66 MJ 556 | Appellant was tried by general court-martial composed of members. Contrary to his pleas, Appellant was convicted of one specification of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of attempted failure to obey a lawful order, in violation of Article 80, UCMJ; one specification of sodomy, in violation of Article 125, UCMJ; one specification of extortion, in violation of Article 127, UCMJ; and one specification of indecent assault, in violation of Article 134, UCMJ. The court sentenced Appellant to a dismissal, confinement for six months, and forfeiture of all pay and allowances. The Convening Authority approved the sentence as adjudged. | Docket No. 1275 | Coast Guard Court of Criminal Appeals | 4/9/2008 | 4/9/2008 | | 10/30/2017 |