| Coast Guard Court of Criminal Appeals | UNITED STATES V MONTUORO - 68 MJ 565 | Appellant was tried by special 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, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of failure to obey a general order, in violation of Article 92, UCMJ; one specification of false official statements, in violation of Article 107, UCMJ; and one specification each of obstruction of justice and wrongfully providing a minor with alcoholic beverages, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for nine months, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. | Docket No. 1307 | Coast Guard Court of Criminal Appeals | 11/12/2009 | 11/12/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V VERDECIA - UNPUBLISHED | Appellant was tried by special court-martial, military judge alone. In accordance with a pretrial agreement, Appellant pleaded guilty to one specification of wrongful use of marijuana, in violation of Article 112a, Uniform Code of Military Justice (UCMJ); one specification of dereliction of duty by failing to provide an unadulterated urine sample, in violation of Article 92, UCMJ; and one specification of wrongful solicitation of another to make a false official statement concerning the other’s knowledge of Appellant’s marijuana use, in violation of Article 134, UCMJ. Certain findings of guilty were entered, as will be discussed. The military judge sentenced Appellant to confinement for thirty days and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement did not affect the sentence. | Docket No. 1311 | Coast Guard Court of Criminal Appeals | 11/24/2009 | 11/24/2009 | | 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| Coast Guard Court of Criminal Appeals | UNITED STATES V AMOROSO - UNPUBLISHED | Appellant was tried by general court-martial, military judge alone.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 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 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 MOLINARI (MERITS) | Appellant was tried by special 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, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of making a false official statement, in violation of Article 107, UCMJ; and one specification each of an indecent act and obstructing justice, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for three months, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged, but suspended confinement in excess of forty-five days for six months, pursuant to the pretrial agreement. | Docket No. 1309 | Coast Guard Court of Criminal Appeals | 9/2/2009 | 9/2/2009 | | 10/30/2017 |
| 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 MOLINA - 68 MJ 532 | Appellant was tried by special 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 engaging in sexually intimate behavior aboard a Coast Guard vessel, in violation of Article 92, Uniform Code of Military Justice (UCMJ); two specifications of maltreating a person subject to his orders by making offensive comments or gestures of a sexual nature, in violation of Article 93, UCMJ; one specification of assault consummated by a battery in violation of article 128, and one specification each of indecent exposure, wrongfully providing alcoholic beverages to a person under twenty-one years of age, and adultery, all in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for 200 days, 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. 1299 | Coast Guard Court of Criminal Appeals | 9/9/2009 | 9/9/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V WESTVEER - 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 two specifications of failure to obey a general order and two specifications of dereliction of duty, in violation of Article 92, Uniform Code of Military Justice (UCMJ); one specification of assault, in violation of Article 128, UCMJ; and one specification of attempting to receive child pornography, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for twelve months, reduction to E-3, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. However, the Promulgating Order erroneously states that the sentence included forfeiture of all pay and allowances. We will order a correction. | Docket No. 1305 | Coast Guard Court of Criminal Appeals | 10/27/2009 | 10/27/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V LINDSEY - 67 MJ 774 | Appellant was tried by special 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 order, in violation of Article 92, Uniform Code of Military Justice (UCMJ), and one specification of dishonorably failing to pay a debt, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for 120 days, reduction to E-1, and a bad-conduct discharge. | Docket No. 1295 | Coast Guard Court of Criminal Appeals | 6/12/2009 | 6/12/2009 | | 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 TIJERINA (MERITS) | Appellant was tried by special 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, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of making a false official statement, in violation of Article 107, UCMJ; one specification each of wrongfully using marijuana and wrongfully using cocaine, both in violation of Article 112a, UCMJ; and one specification each of an indecent act and obstructing justice, both in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for three 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. 1306 | Coast Guard Court of Criminal Appeals | 7/13/2009 | 7/13/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V JOHNSON (MERITS) | Appellant was tried by special 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 false official statements, in violation of Article 107, Uniform Code of Military Justice (UCMJ); and five specifications of wrongful distribution, possession, and use of a Schedule I controlled substance, in violation of Article 112a, UCMJ. The military judge sentenced Appellant to confinement for five months, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged, but suspended confinement in excess of 120 days for twelve months, pursuant to the pretrial agreement. | Docket No. 1308 | Coast Guard Court of Criminal Appeals | 7/29/2009 | 7/29/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V STROMAN (MERITS) | Appellant was tried by special 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 wrongfully introducing cocaine onto an installation used by the armed forces and of wrongfully distributing cocaine, and three specifications of wrongfully using cocaine, all in violation of Article 112a, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to confinement for ten months, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged except for confinement
in excess of 120 days, which was disapproved, pursuant to the pretrial agreement. | Docket No. 1302 | Coast Guard Court of Criminal Appeals | 5/12/2009 | 5/12/2009 | | 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 |