| 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 |
| 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 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V LATHAM (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 absence without leave terminated by apprehension, in violation of Article 86, Uniform Code of Military Justice (UCMJ); and two specifications of wrongful use of marijuana and one specification of wrongful use of cocaine, all in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge and confinement for seventy days, which he credited with seventy days of pretrial confinement. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the adjudged sentence. | Docket No. 1267 | Coast Guard Court of Criminal Appeals | 1/31/2007 | 1/31/2007 | | 10/30/2017 |
| 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 UPHAM (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 conduct unbecoming an officer and a gentleman, in violation of Article 133, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a dismissal from the Coast Guard, forfeiture of all pay and allowances, and confinement for ninety days. The Convening Authority approved the sentence as adjudged and suspended all confinement for a period of twelve months from the date Appellant was sentenced, pursuant to the terms of the pretrial agreement. | Docket No. 1268 | Coast Guard Court of Criminal Appeals | 1/31/2007 | 1/31/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V JONES - 64 MJ 621 | 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 attempting to steal goods, in violation of Article 80, Uniform Code of Military Justice (UCMJ); four specifications of unauthorized absence and one specification of failure to go to his appointed place of duty, all in violation of Article 86, UCMJ; one specification of wrongful use of cocaine and one specification of wrongful distribution of cocaine, in violation of Article 112a, UCMJ; three specifications of larceny and one specification of wrongful appropriation, in violation of Article 121, UCMJ; and one specification of making checks without sufficient funds with intent to defraud, in violation of Article 123a, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for ten months, and reduction to E-1. The Convening Authority approved the adjudged sentence, but suspended confinement in excess of 180 days for twelve months from the date of Appellant’s release from confinement, pursuant to the terms of the pretrial agreement. The Convening Authority noted that all confinement credit would be applied against unsuspended confinement, resulting in confinement for 126 days. | Docket No. 1222 | Coast Guard Court of Criminal Appeals | 2/27/2007 | 2/27/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V GREENE - 64 MJ 625 | 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 wrongful appropriation, in violation of Article 121, Uniform Code of Military Justice (UCMJ); six specifications of making a false official statement with the intent to deceive and one specification of signing a false official record with intent to deceive, in violation of Article 107, UCMJ; and one specification of failing to obey a lawful order, in violation of Article 92, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for 180 days, and reduction to E-1. The Convening Authority approved the sentence as adjudged but, in accordance with the pretrial agreement, suspended the portion of the sentence extending to confinement in excess of four months for twelve months from the date the sentence was awarded. | Docket No. 1226 | Coast Guard Court of Criminal Appeals | 2/28/2007 | 2/28/2007 | | 10/30/2017 |
| 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 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 |