| 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 LAYTON PER CURIAM - 63 MJ 600 | This is an Article 62, Uniform Code of Military Justice (UCMJ), appeal by the Government of the special court-martial military judge’s dismissal of a charge and specification for failure to state an offense. The charge and specification in question alleged that the accused wrongfully endeavored to impede a Coast Guard adverse administrative proceeding by seeking to substitute another person’s urine sample for his own during a mandatory random urinalysis test for controlled substances, in violation of Article 134, UCMJ. | Docket No. 001-62-05 | Coast Guard Court of Criminal Appeals | 2/7/2006 | 2/7/2006 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V POET 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 making a false official statement with the intent to deceive, in violation of Article 107, Uniform Code of Military Justice (UCMJ), and one specification of falsely testifying on a material matter in a trial by summary court-martial after having taken a lawful oath, in violation of Article 131, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for 200 days, forfeiture of $800 pay per month for six months, and reduction to E-1. The Convening Authority approved the adjudged sentence but suspended all confinement in excess of ninety days for a period of twelve months from the date of his action, pursuant to the terms of the pretrial agreement. | Docket No. 1266 | Coast Guard Court of Criminal Appeals | 9/14/2006 | 9/14/2006 | | 10/25/2017 |
| 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 MARTIN PER CURIAM MJ | 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 lawful general order, in violation of Article 92, Uniform Code of Military Justice (UCMJ); and one specification of violating 18 U.S.C. 2252A by knowingly receiving material containing child pornography that had been transported in interstate commerce by computer and one specification of violating 18 U.S.C. 2252A by knowingly possessing sheets of paper containing an image of child pornography, both in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for thirty-two months, forfeiture of all pay and allowances, and reduction to E-1. The Convening Authority approved the sentence as adjudged except changed the adjudged bad-conduct discharge to twelve months confinement, ostensibly pursuant to the terms of the pretrial agreement. | Docket No. 1260 | Coast Guard Court of Criminal Appeals | 12/6/2006 | 12/6/2006 | | 10/25/2017 |
| Coast Guard Court of Criminal Appeals | MK1 SERGENT V RDML ROCHON ORDER | Petitioner, who has been charged with offenses under the Uniform Code of Military Justice (UCMJ) that are scheduled to be investigated under Article 32, UCMJ, has filed a petition for extraordinary relief styled as a request for relief in the nature of a writ of mandamus and a writ of prohibition. He seeks an emergency order staying the Article 32, UCMJ, investigation until this Court rules on the substantive issues raised in his petition. He seeks a writ of mandamus ordering Respondent to detail a reporter to the investigation at no cost to the Petitioner and to provide the Petitioner with a copy of the audiotapes or a transcript; or, in the alternative, a writ of prohibition prohibiting Respondent from interfering with the defense preparation of his case by requiring Respondent to permit the defense to record the investigation without any requirement to provide a written transcript to the Investigating Officer or the Government. Petitioner also moves this Court to have appellate defense counsel appointed to represent him. It is, by the Court, this 20th day of December 2006, | MISC. DOCKET N0. 001-07 | Coast Guard Court of Criminal Appeals | 12/20/2006 | 12/20/2006 | | 10/25/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V UPHAM - 64 MJ 547 | Appellant was tried by a general court-martial composed of members. Pursuant to his plea of guilty, Appellant was convicted of one specification of conduct unbecoming an officer and a
gentleman, in violation of Article 133, Uniform Code of Military Justice (UCMJ). Contrary to his plea, Appellant was also convicted of one specification of committing an aggravated assault, in violation of Article 128, UCMJ. The court sentenced Appellant to a dismissal, confinement for nine months, and forfeiture of all pay and allowances. The Convening Authority approved the
sentence as adjudged. | Docket No. 1235 | Coast Guard Court of Criminal Appeals | 12/20/2006 | 12/20/2006 | | 10/25/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V HALSEY - 62 MJ 681 | 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: four specifications of violating a lawful general order by wrongfully using a government computer to access certain websites, in violation of Article 92, Uniform Code of Military Justice (UCMJ); one specification of sodomy with a child under the age of sixteen years, in violation of Article 125, UCMJ; and two specifications of committing indecent acts with a child under sixteen years of age, in violation of Article 134, UCMJ. | Docket No. 1211 | Coast Guard Court of Criminal Appeals | 2/27/2006 | 2/27/2006 | | 10/25/2017 |
| 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 VIEW 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 four specifications involving methylenedioxymethamphetamine (MDMA (“Ecstasy”)), a Schedule I controlled substance: one specification for wrongfully using that drug alone, one specification for wrongfully using MDMA (Ecstasy) and methamphetamine, one specification for wrongfully introducing some MDMA (Ecstasy) onto an installation used by the armed forces or subject to the control of the armed forces, and one specification for wrongfully distributing some MDMA (Ecstasy) to SN Steven D. Rothig, USCG, all in violation of Article 112a, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad-conduct discharge,
reduction to E-1, and confinement for 150 days. The Convening Authority approved the | Docket No. 1256 | Coast Guard Court of Criminal Appeals | 5/16/2006 | 5/16/2006 | | 10/25/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V FAZO - 63 MJ 730 | Appellant was tried by a special court-martial, military judge alone. Contrary to his pleas, Appellant was convicted of one specification of desertion with intent to shirk important service, in violation of Article 85, Uniform Code of Military Justice (UCMJ), and one specification of missing movement, in violation of Article 87, UCMJ. Appellant was acquitted of a third charge. The military judge sentenced Appellant to a bad-conduct discharge and confinement for three months. The Convening Authority approved the sentence as adjudged but suspended all confinement in excess of sixty days for six months from the date of the Convening Authority’s action | Docket No. 1239 | Coast Guard Court of Criminal Appeals | 5/25/2006 | 5/26/2006 | | 10/25/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V PAJEAUD - 63 MJ 644 | 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 go by not reporting to PSU 308 in Gulfport, Mississippi, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of missing movement, in violation of Article 87, UCMJ; and one specification of making a false official statement, in violation of Article 107, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for six months, and reduction to E-1. The Convening Authority approved the sentence as adjudged but suspended all confinement in excess of 180 days for twelve months from the date of the Convening Authority’s action, pursuant to the terms of the pretrial agreement. | Docket No. 1227 | Coast Guard Court of Criminal Appeals | 6/29/2006 | 6/29/2006 | | 10/25/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V GILBERT 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 failing to go at the time prescribed to the appointed place of duty and one specification of absenting himself without authority and remaining absent
from his unit, both in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification 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, in violation of Article 112a, UCMJ; and one specification of breaking restriction, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for five months, forfeiture of $200 pay per month for five months, and reduction to E-1. | Docket No. 1263 | Coast Guard Court of Criminal Appeals | 8/16/2006 | 8/16/2006 | | 10/25/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BICKLE (MERITS) | 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. § 1462 by knowingly using or causing to be used an interactive computer service for carriage of obscene materials in interstate or foreign commerce, two specifications of violating 18 U.S.C. § 2252A by knowingly receiving visual depictions of minors engaged in sexually explicit conduct that had been transported in interstate or foreign commerce, and one specification of violating 18 U.S.C. § 2252A by knowingly possessing visual depictions of minors engaged in sexually explicit conduct, all in violation of Article 134, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad conduct discharge, confinement for twenty-nine months, and reduction to E-1. The Convening Authority approved the sentence as adjudged and suspended confinement in excess of eighteen months for a period of twelve months from the date Appellant is released from confinement, pursuant to the terms of the pretrial agreement. | Docket No. 1269 | Coast Guard Court of Criminal Appeals | 1/31/2007 | 1/31/2007 | | 10/30/2017 |
| 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 |