| Coast Guard Court of Criminal Appeals | UNITED STATES V BRIDGES - 61 MJ 645 | On 6 March 2003, this Court affirmed the findings of guilty and returned the record to the Convening Authority for a rehearing on the sentence. United States v. Bridges, 58 M.J. 540 (C.G.Ct.Crim.App. 2003). Appellant elected to be sentenced by military judge alone in accordance with an agreement with the Convening Authority for a limitation on the sentence. Although executed prior to the sentence rehearing and explained to Appellant at the rehearing by the military judge, all parties and the military judge referred to the document as a post-trial agreement. The military judge sentenced Appellant to a dishonorable discharge, sixteen years and six months confinement, and reduction to E-1. Pursuant to the post-trial agreement, the Convening Authority suspended all confinement in excess of twelve years for a period of twelve months from the date of his action. The Convening Authority also credited Appellant for his confinement at a civilian facility, the U.S. Disciplinary Barracks, and for pre-sentence hearing confinement at the NAS Pensacola Brig. | Docket No. 1147 | Coast Guard Court of Criminal Appeals | 7/8/2005 | 7/8/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V CONOVER - 61 MJ 681 | 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: three specifications of wrongful use of marijuana, one specification of wrongful distribution of marijuana, one specification of wrongful use of cocaine, and one specification of wrongful distribution of Oxycontin, all in violation of Article 112a, Uniform Code of Military Justice (UCMJ); three specifications of carnal knowledge in violation of Article 120, UCMJ; one specification of assaulting a petty officer in violation of Article 128, UCMJ; and one specification of violating 18 U.S.C. § 2423 by knowingly transporting a person under the age of eighteen from North Carolina to Virginia to engage in sexual activity, one specification of wrongfully and falsely altering a U.S. Armed Forces identification card, one specification of committing an indecent act on the body of a female under sixteen years of age, two specifications of breaking restriction, and two specifications of unlawfully entering the berthing room of a female seaman, all in violation of Article 134, UCMJ. | Docket No. 1217 | Coast Guard Court of Criminal Appeals | 7/28/2005 | 7/28/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BENNETT 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 wrongfully using marijuana, two specifications of wrongfully using cocaine, and one specification of wrongfully distributing cocaine, in violation of Article 112a, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad-conduct discharge, confinement for 150 days, and reduction to E-1. The Convening Authority approved the sentence as adjudged, but suspended confinement in excess of ninety days for twelve months. The pretrial agreement had no effect on the sentence. | Docket No. 1238 | Coast Guard Court of Criminal Appeals | 8/17/2005 | 8/17/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V LECOMTE - 63 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 violating a general order by using Coast Guard office equipment to view, download, and store sexually explicit materials, in violation of Article 92, Uniform Code of Military Justice (UCMJ); and one specification of knowingly receiving material containing child pornography that had been transported in interstate commerce by computer, one specification of knowingly transporting child pornography in interstate commerce by computer, and one specification of knowingly possessing computer disks containing images of child pornography that had been transported in interstate commerce by computer, all in violation of 18 U.S.C. §
2252A, under Article 134, UCMJ. The military judge sentenced Appellant to confinement for
four years and reduction to E-4. The Convening Authority approved the sentence as adjudged,
but, as required by the pretrial agreement, suspended all confinement in excess of twelve months
for twelve months from the date of the accused’s release from confinement. In approving the sentence as adjudged, the Convening Authority also included in his action the following
unwarranted language: “…and except for that part of the sentence extending to a bad conduct discharge will be executed.” That additional language was not included in the promulgating
order’s account of the Convening Authority’s action. | Docket No. 1221 | Coast Guard Court of Criminal Appeals | 11/16/2005 | 11/16/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MOHAMMAD 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 twelve specifications of larceny, in violation of Article 121, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad-conduct discharge, confinement for 120 days, and reduction to E-1. The Convening Authority approved the sentence as adjudged, but suspended confinement in excess of sixty days for a period of twelve months from the date the sentence was announced, which results in a shorter confinement period than required by the terms of the pretrial agreement. | Docket No. 1223 | Coast Guard Court of Criminal Appeals | 11/18/2005 | 11/18/2005 | | 10/24/2017 |
| 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 HUGHES - 62 MJ 621 | 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 by knowingly possessing child pornography that had been transported in interstate or foreign commerce, in violation of Article 134, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad-conduct discharge, a reduction to the rate of E-1, forfeiture of all pay and allowances, and confinement for eight months. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the sentence. | Docket No. 1205 | Coast Guard Court of Criminal Appeals | 12/30/2005 | 12/30/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V RIVERA - 62 MJ 564 | Appellant was tried by a general court-martial composed of officer and enlisted members. Despite his pleas of not guilty, he was convicted of one specification of attempted forcible sodomy on a child under the age of twelve years in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of forcible sodomy on a child under the age of twelve years in violation of Article 125, UCMJ; and three specifications of taking indecent liberties with a female under sixteen years of age, and one specification of committing an indecent act upon a female under sixteen years of age in violation of Article 134, UCMJ. The members sentenced Appellant to a bad-conduct discharge, confinement for three years, and reduction to E-1. The Convening Authority changed the adjudged reduction from E-1 to E-4 and approved the sentence as changed. Before this Court, Appellant has assigned eight errors, three of which were orally argued. | Docket No. 1216 | Coast Guard Court of Criminal Appeals | 11/1/2005 | 11/1/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V SHEEHAN - 62 MJ 568 | 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 on divers occasions, one specification of introduction of some amount of marijuana onto an installation used by the armed forces on divers occasions, one specification of wrongfully possessing some amount of marijuana on divers occasions, and one specification of wrongfully use marijuana on divers occasions, all 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-1. The Convening Authority approved the sentence as adjudged, but, in accordance with the pretrial agreement, suspended confinement in excess of 120 days for the period of twelve months from the date the sentence was adjudged. | Docket No. 1218 | Coast Guard Court of Criminal Appeals | 11/1/2005 | 11/1/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MCMILLEN 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 violating a lawful general order by wrongfully bringing an unauthorized firearm onto a federal facility, in violation of Article 92, Uniform Code of Military Justice (UCMJ); one specification of willfully damaging military property of the United States, by damaging the Coast Guard sign at the entrance to his unit’s moorings in violation of Article 108, UCMJ; one specification of willfully and wrongfully damaging a vehicle, the property of Commanding Officer, USCGC MACKINAW (WAGB 83), by firing bullets into the door and tire in violation of Article 109, UCMJ; and one specification of drunk and disorderly conduct of a nature to bring discredit upon the armed forces, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for six months, forfeiture of $500 pay per month for six months, and reduction to E-1. | Docket No. 1219 | Coast Guard Court of Criminal Appeals | 11/4/2005 | 11/4/2005 | | 10/24/2017 |
| 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 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 ROTHIG 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 attempting to wrongfully distribute four designer amphetamine “ecstasy” pills, in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of wrongfully using designer amphetamine “ecstasy” pills and one specification of wrongfully introducing four designer amphetamine “ecstasy” pills onto a military installation, in violation of Article 112a, UCMJ; and one specification of wrongfully soliciting a seaman to introduce four designer amphetamine “ecstasy” pills onto a military
installation, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad conduct discharge, forfeiture of $800 per month for ten months, reduction to E-1, and confinement for ten months, which he credited with forty-four 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 seven months pursuant to the terms of the pretrial agreement. | Docket No. 1249 | Coast Guard Court of Criminal Appeals | 1/23/2006 | 1/23/2006 | | 10/24/2017 |
| 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 DENARO - 62 MJ 663 | 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 conspiracy to wrongfully interfere with an adverse administrative proceeding, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of fraudulent enlistment, in violation of Article 83, UCMJ; two specifications of failing to obey a
lawful order, in violation of Article 92, UCMJ; one specification of making a false official statement, in violation of Article 107, UCMJ; one specification of wrongfully using marijuana and three specifications of wrongfully possessing some amount of marijuana, in violation of Article 112a, UCMJ; two specifications of assault, in violation of Article 128, UCMJ; one specification of wrongfully interfering with an adverse administrative proceeding, in violation of Article 134, UCMJ; and five specifications of wrongfully communicating a threat, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for twenty-seven months, and a reduction to E-1. The Convening Authority approved the sentence as adjudged but suspended the portion of the sentence extending to confinement in excess of 540 days for a period of one year from the date of his action and waived automatic forfeitures for a period of six months from the date of the action. | Docket No. 1243 | Coast Guard Court of Criminal Appeals | 2/2/2006 | 2/2/2006 | | 10/24/2017 |