| Coast Guard Court of Criminal Appeals | UNITED STATES V MAHONEY - 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 found guilty of the following offenses: three specifications of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of failure to obey a lawful order, in violation of Article 92, UCMJ; one specification of wrongful possession of marijuana, in violation of Article 112a, UCMJ; and one specification of assault consummated by a battery, in violation of Article 128, UCMJ.
Appellant was sentenced to a bad conduct discharge, confinement for 120 days, and reduction to E-1. The Convening Authority approved the sentence, but suspended execution of the confinement in excess of 60 days for a period of six months, in accordance with the pretrial agreement. The Convening Authority also credited Appellant with 65 days of confinement against the sentence of confinement. 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. | Docket No. 1183 | Coast Guard Court of Criminal Appeals | 8/27/2003 | 8/27/2003 | | 10/5/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V LIND - 64 MJ 611 | 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 found guilty of the
following offenses: one specification of wrongfully using ecstasy, a Schedule I controlled substance, and one specification of wrongfully distributing ecstasy, both in violation of Article
112a, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 912a; one specification of conspiring to possess, use, and distribute ecstasy, in violation of Article 81, UCMJ, 10 U.S.C. § 881; and one specification of making a false official statement with intent to deceive, in violation of Article 107, UCMJ, 10 U.S.C. § 907. The military judge sentenced Appellant to reduction to
E-1, forfeiture of $938.00 pay per month for four months, confinement for four months, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the sentence. | Docket No. 1228 | Coast Guard Court of Criminal Appeals | 1/31/2007 | 1/31/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V SUPAPO - 61 MJ 718 | Appellant was tried by special court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, he was convicted of one specification of assault consummated by a battery by unlawfully striking another Third Class Petty Officer “on the back of the head with his hand, in the face with his closed fist, and in the stomach with his knee,” in violation of Article 128, Uniform Code of Military Justice (UCMJ); and one specification of disorderly conduct the same date by “slapping, pushing, punching, and chasing” the same Petty Officer around the mess deck of their Coast Guard cutter, in violation of Article 134, UCMJ. The judge sentenced Appellant to a bad-conduct discharge, confinement for thirty days, and reduction to E-3. The Convening Authority approved the sentence as adjudged and credited Appellant with thirty days of pretrial confinement pursuant to United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1210 | Coast Guard Court of Criminal Appeals | 8/30/2005 | 8/30/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V PINTOS - 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, he was found guilty of one specification of desertion in violation of Article 85, Uniform Code of Military Justice (UCMJ). The judge sentenced Appellant to a bad conduct discharge (BCD), confinement for ninety days, and reduction to paygrade E-1. The convening authority approved the adjudged sentence, but suspended all confinement not already served for twelve months from the date sentence was announced, and credited Appellant with sixty-three days of pretrial confinement in accordance with United States v. Allen, 17 M.J. 126 (C.M.A. 1984). This had the effect of releasing Appellant from confinement on the day sentence was announced. | Docket No. 1175 | Coast Guard Court of Criminal Appeals | 4/25/2003 | 4/25/2003 | | 10/5/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MERRITT - 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 making a false official statement, in violation of Article 107,
Uniform Code of Military Justice (UCMJ); one specification of wrongfully using marijuana in
violation of Article 112a, UCMJ; and one specification of committing indecent acts with a
person not his wife, in violation of Article 134, UCMJ. Appellant was sentenced to a bad conduct
discharge, confinement for 120 days and reduction to pay grade E-1. | Docket No. 1214 | Coast Guard Court of Criminal Appeals | 9/30/2004 | 9/30/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V CORDERO (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 being absent without leave, in violation of Article 86, Uniform Code of Military Justice (UCMJ); and two specifications of wrongful use of marijuana, a Schedule I controlled
substance, and two specifications of wrongful use of cocaine, a Schedule I controlled substance, all in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a bad-conduct
discharge, confinement for sixty days, and reduction to E-1. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the sentence. | Docket No. 1270 | Coast Guard Court of Criminal Appeals | 1/31/2007 | 1/31/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V JAMES - 64 MJ 514 | 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 false official statement, in violation of Article 107, Uniform Code of Military Justice (UCMJ); and one specification of wrongfully using cocaine, a Schedule II controlled substance, and one specification of wrongfully using marijuana, a Schedule II controlled substance, both in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, reduction to E-1, forfeiture of $600 pay per month for three months, and confinement for ninety days. The Convening Authority approved the sentence as adjudged, but suspended, until 18 April 2006, all confinement in excess of sixty-two days in response to Appellant’s clemency request. The pretrial agreement had no effect on the sentence. | Docket No. 1246 | Coast Guard Court of Criminal Appeals | 9/25/2006 | 9/25/2006 | | 10/25/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V SKIDMORE - 64 MJ 655 | 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 using cocaine, a Schedule II controlled substance, in violation of Article 112a, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad-conduct discharge, confinement for five months, and reduction to E-3. The Convening Authority approved the sentence as adjudged and suspended confinement in excess of sixty days until 4 November 2005, which was six months from the date Appellant was released from confinement, pursuant to the terms of the pretrial agreement. | Docket No. 1242 | Coast Guard Court of Criminal Appeals | 3/29/2007 | 3/29/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V GAVIN - 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 one
specification of unauthorized absence of forty-two days terminated by apprehension, in violation
of Article 86, Uniform Code of Military Justice (UCMJ); one specification of making a false
official statement, in violation of Article 107, UCMJ; and two specifications of wrongfully using
cocaine, in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a badconduct
discharge, confinement for six months and reduction to E-1. He also determined, with
the concurrence of both the trial counsel and defense counsel, that Appellant was entitled to credit for fifty-nine days of pretrial confinement under United States v. Allen, 17 M.J. 126 (C.M.A. 1984). The Convening Authority approved the adjudged sentence, but, in accordance with the pretrial agreement, suspended execution of confinement in excess of three months for the period of confinement served plus six months thereafter. | Docket No. 1213 | Coast Guard Court of Criminal Appeals | 9/27/2004 | 9/27/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V JUSIEL 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 one
specification of wrongful possession of cocaine, one specification of wrongful use of cocaine,
one specification of wrongful use of marijuana, one specification of wrongful introduction of
cocaine onto a U.S. Coast Guard installation, and one specification of wrongful introduction of
marijuana onto a U.S. Coast Guard installation, all in violation of Article 112a, Uniform Code of
Military Justice (UCMJ). The military judge sentenced Appellant to a bad-conduct discharge,
confinement for 300 days, and reduction to E-1. Additionally, he granted Appellant 206 days of confinement credit. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the sentence. | Docket No. 1236 | Coast Guard Court of Criminal Appeals | 8/17/2005 | 8/17/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V QUEVEDO 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 failure to go at the time prescribed to his appointed
place of duty and one specification of unauthorized absence from his place of duty for one day,
in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of failure to obey a lawful order from a second class petty officer to report to the clinic for an evaluation,
in violation of Article 92, UCMJ; and one specification of assault on a female seaman by unlawfully placing his hand down the front of her pants, in violation of Article 128, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for ninety days, and reduction to E-2. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the sentence. | Docket No. 1224 | Coast Guard Court of Criminal Appeals | 1/10/2006 | 1/10/2006 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V DOBSON - 59 MJ 751 | 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
wrongfully soliciting another to violate 14 U.S.C. § 88(c) (2003) by communicating a false
distress message to the Coast Guard, in violation of Article 134, Uniform Code of Military
Justice (UCMJ). The judge sentenced Appellant to a bad-conduct discharge, confinement for
one month, reduction to E-1, and forfeiture of $767 pay for one month, which was approved by
the Convening Authority, unaffected by the pretrial agreement’s sentence terms. | Docket No. 1185 | Coast Guard Court of Criminal Appeals | 3/5/2004 | 3/5/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V SUMMERS (UNPUBLISHED) | Appellant was tried by special court-martial, military judge alone. Pursuant to his pleas, entered in accordance with a pretrial agreement, Appellant was convicted of one specification of indecent visual recording and one specification of distribution of an indecent visual recording, in violation of Article 120c, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to reduction to E-1, confinement for six months, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement did not affect the sentence.
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. | Docket No. 1449 | Coast Guard Court of Criminal Appeals | 2/8/2018 | 2/8/2018 | | 2/12/2018 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MATHEWS - UNPLISHED | Appellant was tried by special court-martial, military judge alone. Pursuant to his pleas, entered in accordance with a pretrial agreement, Appellant was convicted of one specification of willfully disobeying a superior commissioned officer, in violation of Article 90, Uniform Code of Military Justice (UCMJ); one specification of assault and battery, in violation of Article 128, UCMJ; and one specification of obstructing justice, in violation of Article 134, UCMJ. The military judge sentenced Appellant to reduction to E-1, confinement for sixty days, and a bad-conduct discharge. The Convening Authority approved only so much of the sentence extending to reduction to E-1, confinement for forty-three days and a bad-conduct discharge and suspended the bad-conduct discharge, in accordance with the pretrial agreement. | Docket No. 1451 | Coast Guard Court of Criminal Appeals | 12/11/2017 | 12/11/2017 | | 12/11/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MONTES - 60 MJ 759 | Appellant was tried by special court-martial, military judge alone. Pursuant to pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of nineteen specifications of violating a general order by using Coast Guard office equipment to view sexually explicit material, in violation of Article 92, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad-conduct discharge and reduction to E-3. The Convening Authority approved the sentence, which was not affected by the pretrial agreement. Before this Court, Appellant has assigned three errors. The Court heard oral argument on the assignments on 23 June 2004. We discuss them in turn, and affirm. | Docket No. 1202 | Coast Guard Court of Criminal Appeals | 11/19/2004 | 11/19/2004 | | 10/18/2017 |