| 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 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 | 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 |
| 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 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 |