| Coast Guard Court of Criminal Appeals | UNITED STATES V TUSCAN CORRECTED - 67 MJ 592 | Appellant was tried by general court-martial composed of officer and enlisted members. Contrary to his pleas, Appellant was convicted of one specification each of assault with an unloaded firearm and assault consummated by a battery, in violation of Article 128, Uniform
Code of Military Justice (UCMJ). The members sentenced Appellant to a bad-conduct discharge, confinement for twelve months, and reduction to E-1. The Convening Authority approved the sentence as adjudged. | Docket No. 1281 | Coast Guard Court of Criminal Appeals | 12/9/2008 | 12/9/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V NAPUTI | 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. § 2251(a), by wrongfully and knowingly possessing child pornography, in violation of Article 134, Uniform Code of Military Justice (UCMJ), and of one specification of dereliction of duty, in violation of Article 92, UCMJ. The military judge sentenced Appellant to be discharged from the Coast Guard with a dishonorable discharge, reduction to E-1, forfeiture of all pay and allowances, and confinement for three years. Pursuant
to the terms of the pretrial agreement, the Convening Authority reduced the dishonorable discharge to a bad-conduct discharge and suspended all confinement in excess of eighteen
months for a period of twelve months from the date Appellant is released from confinement. | Docket No. 1286 | Coast Guard Court of Criminal Appeals | 12/16/2008 | 12/16/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V VICKREY - UNPUBLISHED | Appellant was tried by general court-martial composed of members. Contrary to his pleas, Appellant was convicted of one specification of rape, in violation of Article 120, Uniform Code of Military Justice (UCMJ). The court sentenced Appellant to confinement for five years, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged and waived the forfeiture of all pay and allowances in favor of Appellant’s dependents as allowed by Article 58b(b), UCMJ, for six months. | Docket No. 1274 | Coast Guard Court of Criminal Appeals | 6/10/2008 | 6/10/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V NICKEY (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 each of larceny of military property, in violation of Article 121, Uniform Code of Military Justice (UCMJ), and of making a false official statement, in violation of Article 107, UCMJ. The military judge sentenced Appellant to confinement for three months, reduction to E-3, and a bad-conduct discharge. | Docket No. 1288 | Coast Guard Court of Criminal Appeals | 6/19/2008 | 6/19/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V ROAN - UNPUBLISHED | Appellant was tried by general court-martial composed of members. Contrary to his pleas, Appellant was convicted of four specifications of false official statement, in violation of Article 107, Uniform Code of Military Justice (UCMJ); and one specification of larceny, in violation of Article 121, UCMJ. Two of the specifications of false official statement were held to be multiplicious for sentencing purposes. The court sentenced Appellant to be confined for thirty days and to be dismissed. The Convening Authority approved the sentence as adjudged. | Docket No. 1277 | Coast Guard Court of Criminal Appeals | 7/23/2008 | 7/23/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MARTIN - UNPUBLISHED 2ND OPINION | Pursuant to his pleas of guilty, Appellant was convicted by general court-martial, military judge alone, of one specification each of violating 18 U.S.C. 2252A by receiving and possessing child pornography, in violation of Article 134, Uniform Code of Military Justice (UCMJ); and one specification of violating a lawful general order by using a government computer to view, download and store sexually explicit materials, in violation of Article 92, UCMJ. The military judge sentenced him to confinement for thirty-two months, forfeiture of all pay and allowances, reduction to E-1, and a bad-conduct discharge. On 6 December 2006, this Court set aside the Convening Authority’s action and returned the record to the Judge Advocate General for remand to the Convening Authority for a new action. United States v. Martin, No. 1260 (C.G.Ct.Crim.App. Dec. 6, 2006). An Article 39(a) session was held on 19 December 2006 at which an inquiry was conducted concerning the provisions of a post-trial agreement between Appellant and the Convening Authority. Pursuant to the post-trial agreement, the Convening Authority approved the sentence as adjudged, but suspended confinement in excess of seventeen months and twenty-four days until either (1) the Convening Authority determines Appellant has successfully completed a sex offender treatment program or (2) two years from the date of the Convening Authority’s action, whichever occurs later. | Docket No. 1260 | Coast Guard Court of Criminal Appeals | 8/26/2008 | 8/26/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MCLEOD - 67 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 sodomy with a child under the age of sixteen, in violation of Article 125, Uniform Code of Military Justice (UCMJ); and one specification of committing indecent acts with another, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for three months, total forfeitures, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the sentence. | Docket No. 1262 | Coast Guard Court of Criminal Appeals | 8/29/2008 | 8/29/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V KASPRZYK - UNPUBLISHED | 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 conspiracy, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of making a false official statement, in violation of Article 107, UCMJ; and one specification each of wrongful use of cocaine, wrongful introduction of cocaine onto an installation used by or under the control of the armed forces, wrongful distribution of cocaine, wrongful use of marijuana, and wrongful distribution of marijuana, all in violation of Article
112a, UCMJ. The military judge sentenced Appellant to confinement for eight months, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence
as adjudged but suspended all confinement in excess of four months until 8 July 2008, pursuant to the terms of the pretrial agreement. | Docket No. 1287 | Coast Guard Court of Criminal Appeals | 2/5/2009 | 2/5/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V SULLIVAN - UNPUBLISHED | 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: one specification of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of false official statement, in violation of Article 107, UCMJ ; one specification of wrongfully distributing cocaine and two
specifications of wrongfully using cocaine, all in violation of Article 112a, UCMJ; two specifications of larceny, in violation of Article 121, UCMJ; and one specification of violating 18 U.S.C. § 922(j) by selling a stolen firearm transported in interstate commerce, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for seven months, reduction to E-1, forfeiture of all pay and allowances, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement did not affect the sentence. | Docket No. 1293 | Coast Guard Court of Criminal Appeals | 3/26/2009 | 3/26/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MORROW - UNPUBLISHED | 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 failure to obey a lawful general order, in violation of Article 92, Uniform Code of Military Justice (UCMJ); one specification of making false official statements, in violation of Article 107, UCMJ; one specification of larceny, in violation of Article 121, UCMJ; and one specification each of mail fraud and of unauthorized selling of transit benefit tickets, both in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for four months, forfeiture of all pay and allowances, reduction to E-3, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged, but suspended the bad-conduct
discharge and confinement in excess of ninety days for six months. | Docket No. 1300 | Coast Guard Court of Criminal Appeals | 4/8/2009 | 4/8/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V GOGO - UNPUBLISHED | Appellant was tried by general court-martial, military judge alone. Pursuant to her pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of one specification of wrongfully using cocaine, in violation of Article 112a, Uniform Code of Military Justice (UCMJ), one specification of sodomy with a child under the age of 16, in violation of Article 125, UCMJ, and one specification of indecent acts with a child under the age of 16, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for twelve months, forfeiture of all pay and allowances, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the adjudged sentence. | Docket No. 1292 | Coast Guard Court of Criminal Appeals | 4/15/2009 | 4/15/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MCDONALD - 67 MJ 689 | 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: three specifications of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of missing movement, in violation of Article 87, UCMJ; one specification of wrongfully using marijuana, in violation of Article 112a, UCMJ; and one specification of disrespect toward a superior commissioned officer, in violation of Article 89, UCMJ. The military judge sentenced Appellant to confinement for nine
months and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged but, pursuant to the pretrial agreement, suspended all confinement in excess of 180 days for twelve months from the date of the Convening Authority’s action. | Docket No. 1294 | Coast Guard Court of Criminal Appeals | 4/24/2009 | 4/24/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V STROMAN (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 each of wrongfully introducing cocaine onto an installation used by the armed forces and of wrongfully distributing cocaine, and three specifications of wrongfully using cocaine, all in violation of Article 112a, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to confinement for ten months, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged except for confinement
in excess of 120 days, which was disapproved, pursuant to the pretrial agreement. | Docket No. 1302 | Coast Guard Court of Criminal Appeals | 5/12/2009 | 5/12/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V KAHALLEY - UNPUBLISHED | 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: one specification of conspiracy, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of breach of peace, in violation of Article 116, UCMJ; one specification of assault with a dangerous weapon, in violation of Article 128, UCMJ; and one specification each of resisting civil apprehension and reckless endangerment, both in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for two years, and reduction to E-1. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the adjudged sentence. | Docket No. 1283 | Coast Guard Court of Criminal Appeals | 1/23/2009 | 1/23/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V HUPP - UNPUBLISHED | 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 each of violating 18 U.S.C. § 2252A by receiving child pornography, and violating 18 U.S.C. § 2252A by possessing child pornography, in violation of Article 134, Uniform Code of Military Justice (UCMJ); and one specification of failure to obey a lawful order, in violation of Article 92, 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, and suspended the reduction to E-1 until the date of release from confinement. The pretrial agreement had no effect on the sentence. Appellant was credited with 75 days of credit for pretrial confinement. | Docket No. 1284 | Coast Guard Court of Criminal Appeals | 1/26/2009 | 1/26/2009 | | 10/30/2017 |