| Coast Guard Court of Criminal Appeals | UNITED STATES V NENNI (2024 WL 4454934) | A general court-martial of members with enlisted representation convicted Appellant, contrary to his pleas, of one specification of abusive sexual contact in violation of Article 120, Uniform Code of Military Justice (UCMJ). Appellant was sentenced to reduction to E-1, forfeiture of $1,278 per month for six months, and a bad-conduct discharge. Judgment was entered accordingly.
Appellant raises two assignments of error: (1) His due process right to timely appellate review was violated; and (2) The convening authorities violated his equal protection right when they solicited, received, and presumptively considered panel members’ race and gender in selecting who would serve on appellant’s court-martial.
We conclude there is no prejudicial error and affirm.
Decision
We determine that the findings and sentence are correct in law and fact 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. 1494 | Coast Guard Court of Criminal Appeals | 10/10/2024 | 10/10/2024 | | 5/19/2025 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MIERES (84 M.J. 682) CORRECTED | A general court-martial of members with enlisted representation convicted Appellant, contrary to his pleas, of one specification of failure to obey a lawful order and one specification of assault consummated by a battery, in violation of Articles 92 and 128, Uniform Code of Military Justice (UCMJ). Appellant was sentenced to reduction to E-3, restriction for 15 days, and a letter of reprimand. Judgment was entered accordingly.
Decision
We determine that the findings and sentence are correct in law and fact 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. 1491 | Coast Guard Court of Criminal Appeals | 6/10/2024 | 6/10/2024 | | 5/19/2025 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V KELLEY (2025 WL 1198116) | A general court-martial of members with enlisted representation convicted Appellant, contrary to his pleas, of possessing child pornography in violation of Article 134, Uniform Code of Military Justice (UCMJ). Appellant was sentenced to confinement for twelve months, reduction to E-1, and a dishonorable discharge. Judgment was entered accordingly.
We heard oral argument on AOEs I and V. Lumping the issues together, we first consider AOEs related to whether Appellant was acquitted (I, II, and part of VI), then those related to whether he was convicted of an offense for which he was not charged (III, IV, V, and the other part of VI), and finally sufficiency of the evidence (VII). We conclude there was no error and affirm.
Decision
We determine that the findings and sentence are correct in law and fact 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. 1495 | Coast Guard Court of Criminal Appeals | 4/25/2025 | 4/25/2025 | | 5/19/2025 |
| Coast Guard Court of Criminal Appeals | UNITED STATES v REIMONENQ (25 WL 1702021) | This is a Government appeal under Article 62, Uniform Code of Military Justice (UCMJ). Appellee is charged with attempted murder, two specifications of carrying a concealed weapon, and one specification of dereliction of duty. Appellee filed a motion to suppress statements he made to shipmates and separately to Coast Guard Investigative Service (CGIS) agents. The military judge granted in part and denied in part the suppression motion. The Government gave timely notice and filed this appeal.
The Government asserts:
I. The military judge abused his discretion when he found Appellee did not knowingly and intelligently waive his Article 31(b) rights; and
II. The military judge misapplied the law when he found the Appellee in custody, thereby triggering the Appellee’s Fifth Amendment rights. Furthermore, if the Appellee was in custody, the military judge abused his discretion when determining the Appellee did not
knowingly and intelligently waive his Fifth Amendment rights. | Docket No. 1509 | Coast Guard Court of Criminal Appeals | 6/18/2025 | 6/18/2025 | | 6/23/2025 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V. RAY (-- MJ ---) | A general court-martial of members with enlisted representation convicted Appellant, contrary to his pleas, of violating a general order in violation of Article 92, Uniform Code of Military Justice (UCMJ). Appellant was sentenced to reduction to E-2, 60 days of hard labor, and 60 days of restriction. Judgment was entered accordingly.
Appellant raises two assignments of error:
I. The specification of which Appellant was convicted fails to state an offense because it fails to allege specific conduct prohibited by the order; and
II. The military judge abused his discretion by improperly allowing an unsworn statement to be presented by the accuser during sentencing.
Decision
We determine that the findings and sentence are correct in law and fact 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. 1498 | Coast Guard Court of Criminal Appeals | 7/9/2025 | 7/9/2025 | | 7/14/2025 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V. DUCKER (MERITS) | Per curiam:
A military judge sitting as a general court-martial convicted Appellant, consistent with his pleas entered in accordance with a plea agreement, of one specification of domestic violence,
one specification of child endangerment, and one specification of knowingly and wrongfully possessing a firearm in and affecting commerce, in violation of Articles 128b, 119b, and 134, Uniform Code of Military Justice (UCMJ). Appellant was sentenced to confinement for 180 days, reduction to E-1, and a bad-conduct discharge. Judgment was entered accordingly.
Decision
We determine that the findings and sentence are correct in law and fact 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. 1508 | Coast Guard Court of Criminal Appeals | 7/22/2025 | 7/22/2025 | | 7/23/2025 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V EUBANKS (2024 WL 5058698) | A military judge sitting as a general court-martial convicted Appellant, consistent with his pleas entered in accordance with a plea agreement, of one specification of indecent exposure and one specification of conduct unbecoming an officer and gentleman, in violation of Articles 120c and 133, Uniform Code of Military Justice (UCMJ). Appellant was sentenced to pay a fine of $8,000 and a reprimand. Judgment was entered accordingly.
Decision
We determine that the findings and sentence are correct in law and fact 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. 1500 | Coast Guard Court of Criminal Appeals | 12/11/2024 | 12/11/2024 | | 12/11/2024 |
| Coast Guard Court of Criminal Appeals | United States V GUZMAN 2019 WL 2865998 | A general court-martial composed of members with enlisted representation convicted Appellant, contrary to his pleas, of one specification of making false official statements and two specifications of sexual assault (one of which the military judge conditionally dismissed), in violation of Articles 107 and 120, Uniform Code of Military Justice (UCMJ). Appellant was sentenced to confinement for four years, forfeiture of all pay and allowances, reduction to E-1, and a dishonorable discharge, which the Convening Authority approved.
Appellant raises several issues,1 but we reach only one: whether the Staff Judge Advocate’s (SJA’s) advice to the Convening Authority was deficient. We conclude it was and remand for new post-trial processing.
Article 60, UCMJ, previously conferred unfettered discretion on convening authorities to
modify findings and sentences, so long as there was no increase in severity. Article 60(c)(1),
UCMJ (1996); United States v. Nerad, 69 M.J. 138, 145 (C.A.A.F. 2010). That changed when
Congress amended Article 60 to provide that, subject to listed exceptions, convening authorities
“may not disapprove, commute, or suspend in whole or in part an adjudged sentence of
confinement for more than six months or a sentence of dismissal, dishonorable discharge, or bad
conduct discharge.” Pub.L. No. 113–66 (2013). This amendment became effective on 24 June
2014. For cases where either all offenses were committed prior to that date, or where some
offenses occurred before that date and some after (known as “straddling offenses cases”), the
pre-2014 version of Article 60 applies. Id.; Pub.L. No. 113–291 (2014). | Docket No. 1461 | Coast Guard Court of Criminal Appeals | 7/2/2019 | 7/2/2019 | | 7/3/2019 |