| Coast Guard Court of Criminal Appeals | UNITED STATES V ST PIERRE - 59 MJ 570 | 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 the following offenses: one specification of attempted introduction of Valium, a schedule IV controlled substance, onto a military installation with intent to distribute, in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of failure to go to appointed place of duty, in violation of Article 86, UCMJ; one specification of possession of marijuana, in violation of Article 112a, UCMJ; and two specifications of breaking restriction, in violation of Article 134, UCMJ. | Docket No. 1193 | Coast Guard Court of Criminal Appeals | 1/21/2004 | 1/21/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MILEY - PER CURIAM | 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 the following offenses: 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; and one specification of larceny, in violation of Article 121, UCMJ. | Docket No. 1194 | Coast Guard Court of Criminal Appeals | 3/3/2004 | 3/3/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V HOLBROOK 64 MJ 553 | 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 the following offenses: one specification of fraudulent enlistment, in violation of Article 83, Uniform Code of Military Justice (UCMJ); two specifications of false official statement with the intent to deceive, in violation of Article 107, UCMJ; one specification of damage to military property of the United States, in violation of Article 108, UCMJ; one specification of reckless driving, in violation of Article 111, UCMJ; one specification of wrongful use of marijuana, one
specification of wrongful use of cocaine, one specification of wrongful introduction of marijuana, one specification of wrongful introduction of cocaine, two specifications of wrongful distribution of cocaine, and one specification of wrongful distribution of marijuana, all in violation of Article 112a, UCMJ; and one specification of leaving the scene of an accident and one specification of communicating a threat, both in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, reduction to E-1, and confinement for eleven months, which he credited with fifty-seven 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 suspended confinement in excess of ten months until six months after Appellant’s release from confinement, pursuant to the terms of the pretrial agreement. In addition, the Convening Authority waived automatic forfeitures imposed pursuant to Article 58b, UCMJ, until 31 December 2005, with pay and allowances to be paid to Appellant’s spouse. | Docket No. 1251 | Coast Guard Court of Criminal Appeals | 1/10/2007 | 1/10/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V RIGGS - 59 MJ 614 | 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 the following offenses: one specification of unauthorized absence for one day terminated by apprehension in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of wrongful use of marijuana in violation of Article 112a, UCMJ; and six specifications of larceny of a checkbook, a camera valued at $99, money in the amount of $600, $274, and two larcenies of $250, in violation of Article 121, UCMJ. | Docket No. 1186 | Coast Guard Court of Criminal Appeals | 11/7/2003 | 11/7/2003 | | 10/5/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V TOLSON PER CURIAM | 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 the following offenses: one specification of violating a lawful general order by wrongfully using a Coast Guard VHF radio to communicate a false distress message, in violation of Article 92, Uniform Code of Military Justice (UCMJ); one specification of making a false official statement with the intent to deceive that he was on a vessel and was in distress, which was known by Appellant to be false, in violation of Article 107, UCMJ; and one specification of violating 14 U.S.C. § 88(c) by wrongfully, knowingly, and willfully causing the Coast Guard to attempt to save lives and property when no help was needed, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for five months, and reduction to E-1. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the sentence. | Docket No. 1225 | Coast Guard Court of Criminal Appeals | 4/6/2006 | 4/6/2006 | | 10/25/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V GONZALEZ - 61 MJ 633 | 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 the following offenses: one specification of wrongful use of cocaine, one specification of wrongful distribution of cocaine, and one specification of wrongful introduction of cocaine onto a U.S. Coast Guard installation, in violation of Article 112a, Uniform Code of Military Justice (UCMJ); and one specification of unlawful entry into the barracks room of a seaman, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for 135 days, and reduction to E-1. The Convening Authority approved the adjudged sentence, but, in accordance with the pretrial agreement, suspended execution of confinement in excess of sixty-seven days for a period of twelve months from the date sentence was adjudged. The Convening Authority credited Appellant with sixty-seven days of confinement pursuant to United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1209 | Coast Guard Court of Criminal Appeals | 6/9/2005 | 6/9/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V FAY - 59 MJ 747 | 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 the following offenses: one specification of wrongfully distributing MDA and MDMA, the Schedule I controlled substances commonly known as “Ecstasy,” and MET, a Schedule II controlled substance; and one specification of wrongful possession of marijuana, all in violation of Article 112a, Uniform Code of Military Justice (UCMJ); and one specification of assault, in violation of Article 128, UCMJ. | Docket No. 1189 | Coast Guard Court of Criminal Appeals | 3/3/2004 | 3/3/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V LOYA PER CURIAM | 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 the following offenses: one specification of wrongfully using cocaine, a Schedule II controlled substance, and one specification of wrongfully using marijuana, a Schedule I controlled
substance, in violation of Article 112a, Uniform Code of Military Justice (UCMJ); and one specification of wrongfully possessing a military identification card that he knew to be false, in
violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for thirty days, forfeiture of $500 pay per month for one month, and reduction to E-3. The sentence was unaffected by the pretrial agreement, and the Convening Authority approved it as adjudged. | Docket No. 1248 | Coast Guard Court of Criminal Appeals | 2/6/2006 | 2/6/2006 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V GONZALEZ - 64 MJ 650 | 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 the following offenses: seven specifications of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of willfully disobeying a petty officer, in violation of Article 91, UCMJ; two specifications of false official statement, in violation of Article 107, UCMJ; and one specification each of wrongfully using cocaine, wrongfully using marijuana, and wrongfully introducing some amount of cocaine onto an installation used by the armed forces or under the control of an armed force, all in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for four months, reduction to E-1, a fine of two thousand dollars ($2000), and additional confinement for three months if the fine was not paid. The Convening Authority approved the sentence as adjudged, except for the additional confinement imposed if the fine was not paid, and suspended confinement in excess of 105 days until 27 July 2005, which satisfied the pretrial agreement. The Convening Authority also credited sixty-nine days of pretrial confinement pursuant to United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1241 | Coast Guard Court of Criminal Appeals | 3/23/2007 | 3/23/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V PETERSON PER CURIAM | 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 the following offenses: six specifications of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of wrongful use of methamphetamine, a controlled substance, in violation of Article 112a, UCMJ; and one specification of larceny of property of a value of about nine dollars, in violation of Article 121, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for seventy-five days, and reduction to E-1. The Convening Authority approved the sentence as adjudged, but suspended confinement in excess of sixty days for the period of confinement plus twelve months from the date of Appellant’s release from confinement, which met the terms of the pretrial agreement. The Convening Authority noted that Appellant had spent forty-six days in pretrial confinement, and that his sentence would be credited accordingly. | Docket No. 1244 | Coast Guard Court of Criminal Appeals | 11/8/2005 | 11/8/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V HUNTER 64 MJ 571 | 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 the following offenses: three specifications of failure to go to his appointed place of duty, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of willful dereliction of duty by making unauthorized charges to a Government credit card and by failing to make payments on that card, in violation of Article 92, UCMJ; one specification of larceny of a motorcycle, in violation of Article 121, UCMJ; and one specification of dishonorable failure to pay a debt, in violation of Article 134, UCMJ.
The military judge sentenced Appellant to a bad-conduct discharge, confinement for eight months, and reduction to E-1. The Convening Authority approved only so much of the sentence as includes a bad-conduct discharge, reduction to E-2, and confinement for eight months, but suspended confinement in excess of 180 days for the period of twelve months from the date of the Convening Authority’s action. Although the pretrial agreement provided that the execution of all confinement in excess of 120 days would be suspended for a period of twelve months from the date of the Convening Authority’s action, the Convening Authority partially withdrew the sentence limitation due to Appellant’s misconduct. Appellant waived a R.C.M. 1109 hearing to determine whether the alleged misconduct was committed, in exchange for the Convening Authority’s agreement not to impose more than sixty days of additional confinement and not to take further action upon the suspected misconduct. Automatic forfeitures were deferred and waived. | Docket No. 1232 | Coast Guard Court of Criminal Appeals | 1/23/2007 | 1/23/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MCDONALD - 67 MJ 689 | 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 the following offenses: three specifications of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of missing movement, in violation of Article 87, UCMJ; one specification of wrongfully using marijuana, in violation of Article 112a, UCMJ; and one specification of disrespect toward a superior commissioned officer, in violation of Article 89, UCMJ. The military judge sentenced Appellant to confinement for nine
months and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged but, pursuant to the pretrial agreement, suspended all confinement in excess of 180 days for twelve months from the date of the Convening Authority’s action. | Docket No. 1294 | Coast Guard Court of Criminal Appeals | 4/24/2009 | 4/24/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V CLIFFORD PER CURIAM | 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 the following offenses: two specifications of making false official statements, in violation of Article 107, Uniform Code of Military Justice (UCMJ); one specification of wrongfully using cocaine, one specification of wrongfully distributing some amount of marijuana to a seaman, and one specification of wrongfully using marijuana, in violation of Article 112a, UCMJ; and two specifications of wrongfully and falsely altering his own and another’s military identification cards by scratching out numbers on the date of birth to change the birth year from 1984 to 1981, which he knew to be false, in violation of Article 134, UCMJ . The military judge sentenced Appellant to a bad-conduct discharge, confinement for five months, forfeiture of $823 pay per month for five months, and reduction to E-1. The Convening Authority approved the sentence as adjudged, but, in accordance with the pretrial agreement, suspended confinement in excess of 105 days and forfeitures in excess of $617.00 pay per month for five months. | Docket No. 1247 | Coast Guard Court of Criminal Appeals | 1/30/2006 | 1/30/2006 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V COKER - PER CURIAM | 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 the following offenses: two specifications of unauthorized absence in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of insubordination in violation of Article 91, UCMJ; one specification of wrongful possession of marijuana and one specification of wrongful use of cocaine, in violation of Article 112a, UCMJ; and one specification of larceny of a cellular telephone, a laptop computer, a car television, an ATM card, and U.S. currency, of a value of about $3,000 in violation of Article 121, UCMJ. | Docket No. 1188 | Coast Guard Court of Criminal Appeals | 1/12/2004 | 1/12/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V GORMLEY - 64 MJ 617 | 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 the following offenses: two specifications of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); and two specifications of wrongfully using marijuana, two specifications of wrongfully introducing marijuana onto an installation used by the armed forces or under the control of the armed forces, two specifications of wrongfully using methamphetamine, and one specification of wrongfully introducing methamphetamine onto an installation used by the armed forces or under the control of the armed forces, all in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for ninety days, and forfeiture of $795 per month for three months. The Convening Authority approved the sentence as adjudged and credited seventy-three days of confinement in accordance with United States v. Allen, 17 M.J. 126 (C.M.A. 1984). The pretrial agreement had no effect on the sentence. | Docket No. 1230 | Coast Guard Court of Criminal Appeals | 1/31/2007 | 1/31/2007 | | 10/30/2017 |