| Coast Guard Court of Criminal Appeals | UNITED STATES V GRIFFIN 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 two specifications of failing to obey a lawful order, in violation of Article 92, Uniform Code of Military Justice (UCMJ); three specifications of wrongfully introducing marijuana onto the U.S. Coast Guard Training Center Petaluma and two specifications of wrongfully using marijuana, in violation of Article 112a, UCMJ; and one specification of wrongfully possessing drug paraphernalia and one specification of wrongfully possessing an altered military identification card, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge and confinement for 115 days. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the sentence. | Docket No. 1237 | Coast Guard Court of Criminal Appeals | 8/17/2005 | 8/17/2005 | | 10/24/2017 |
| 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 HUBBERT - 61 MJ 705 | Pursuant to Article 66(b), Uniform Code of Military Justice, the record of trial in this case was forwarded to this Court for review on 23 June 2005 and no assignments of errors or briefs have been filed. However, Appellant’s counsel has moved for this Court to abate the proceedings in this case ab initio based on the death of Appellant by his own hand, as reflected in Appendix A, which counsel has moved to attach. Appendix A is an email to Counsel for Appellant forwarding a Personnel Casualty Report message, date-time group 151844Z AUG 05 from COMCOGARD SECTOR SAULT STE MARIE MI, indicating that Appellant, while on active duty appellate leave, was pronounced dead on 15 August 2005, as a result of a self-inflicted gunshot wound. On consideration of counsel’s Motion for Abatement of Proceedings and Motion to Attach Document, filed under the Court’s Rules of Practice and Procedure, with no opposition from the Government, it is, by the Court, this 25th day of August, 2005, | DOCKET NO. 1240 | Coast Guard Court of Criminal Appeals | 8/25/2005 | 8/25/2005 | | 10/24/2017 |
| 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 THIBODEAU 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 knowingly receiving child pornography, one specification of knowingly transporting child pornography in interstate commerce, and one specification of knowingly possessing child pornography on land owned by the U.S. Government, all in violation of 18 U.S.C. 2252A, under Article 134, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad-conduct discharge, confinement for 210 days, and reduction to E-1. | Docket No. 1215 | Coast Guard Court of Criminal Appeals | 9/9/2005 | 9/9/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MILLER - 61 MJ 827 | Appellant was tried by special court-martial military judge alone on 21 November 2003. After conviction of various drug offenses pursuant to pleas of guilty, entered in accordance with a pretrial agreement, Appellant was sentenced by the judge to a bad-conduct discharge and reduction to E-1, which the Convening Authority approved on 18 June 2004. | DOCKET NO. 005-69-01 | Coast Guard Court of Criminal Appeals | 10/19/2005 | 10/19/2005 | | 10/24/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BENTLEY 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 use of marijuana, in violation of Article 112a, Uniform Code of Military Justice (UCMJ); and seven specifications of larceny of military property of the United States Coast Guard, in violation of Article 121, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for eight months, and reduction to E-2. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the sentence. | Docket No. 1234 | Coast Guard Court of Criminal Appeals | 7/8/2005 | 7/8/2005 | | 10/24/2017 |
| 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 |