| Coast Guard Court of Criminal Appeals | UNITED STATES V HUGHES - 59 MJ 948 | On 21 May 2004, a panel of this Court affirmed findings of guilty in this case of
one specification of dereliction of duty in violation of Article 92, Uniform Code of
Military Justice (UCMJ), and one specification of obtaining services under false
pretenses and one specification of dishonorable failure to pay a just debt, in violation of
Article 134, UCMJ. A majority of the panel, of which I was a member, also affirmed the
approved sentence of 170 days confinement and a dismissal, with all confinement in
excess of forty-five days suspended by the Convening Authority, as required by the
pretrial agreement. The Chief Judge dissented from the sentence determination,
concluding that a dismissal was inappropriately severe. United States v. Hughes, 59 M.J. 948, 952-953 (C.G.Ct.Crim.App. 2004). On 3 June 2004, Appellant moved the Court for en banc reconsideration of the decision with respect to sentence. That motion was denied by an order of this Court on 4 June 2004. However, the Court determined that the original panel would reconsider the appropriateness of Appellant’s sentence. | Docket No. 1196 | Coast Guard Court of Criminal Appeals | 6/24/2004 | 6/24/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V TURNER - 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 three specifications of indecent acts with a female under sixteen years of age, in violation of Article 134, Uniform Code of Military Justice (UCMJ). Appellant was sentenced to a bad-conduct discharge, reduction to E-1, and confinement for one year. The Convening Authority approved the adjudged sentence, which was permitted under the terms of the pretrial agreement. | Docket No. 1206 | Coast Guard Court of Criminal Appeals | 6/3/2004 | 6/3/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V COCKRELL - 60 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 the following offenses: one specification of unauthorized absence for one day, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of wrongful use of marijuana on divers occasions, in violation of Article 112a, UCMJ; and one specification of wrongfully receiving child pornography, one specification of wrongfully possessing child pornography, and one specification of watching child pornography aboard a Coast Guard facility, under circumstances prejudicial to good order and discipline, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a dishonorable discharge, confinement for eighteen months, forfeiture of all pay and allowances, and reduction to E-1. The Convening Authority reduced the dishonorable discharge to a bad-conduct discharge, which he approved along with the remainder of the adjudged sentence. Pursuant to the terms of the pretrial agreement, the Convening Authority also suspended execution of confinement in excess of ten months for a period of eighteen months from the date of sentencing on 10 July 2003. | Docket No. 1199 | Coast Guard Court of Criminal Appeals | 6/18/2004 | 6/18/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V HUGHES - 60 MJ 509 | Appellant was tried by general court-martial, military judge alone. Pursuant to a pretrial
agreement, Appellant entered pleas of guilty to one specification of dereliction of duty in
violation of Article 92, Uniform Code of Military Justice (UCMJ), and one specification of
obtaining services under false pretenses and one specification of dishonorable failure to pay a
just debt in violation of Article 134, UCMJ. The military judge accepted Appellant’s pleas,
entered findings of guilty to those offenses, and sentenced Appellant to confinement for 170 days
and dismissal from the Coast Guard. Appellant also entered pleas of not guilty to two
specifications of forgery in violation of Article 123, UCMJ, and one specification of
unauthorized absence in violation of Article 86, UCMJ. The latter charges and specifications were withdrawn and dismissed with prejudice. The military judge also recommended that the Convening Authority disapprove the dismissal as a matter of clemency. The Convening Authority approved the sentence as adjudged but suspended confinement in excess of forty-five days until 3 July 2004 as required by the pretrial agreement. | Docket No. 1196 | Coast Guard Court of Criminal Appeals | 5/21/2004 | 5/21/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V GAVIN - 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 unauthorized absence of forty-two days terminated by apprehension, in violation
of Article 86, Uniform Code of Military Justice (UCMJ); one specification of making a false
official statement, in violation of Article 107, UCMJ; and two specifications of wrongfully using
cocaine, in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a badconduct
discharge, confinement for six months and reduction to E-1. He also determined, with
the concurrence of both the trial counsel and defense counsel, that Appellant was entitled to credit for fifty-nine days of pretrial confinement under United States v. Allen, 17 M.J. 126 (C.M.A. 1984). The Convening Authority approved the adjudged sentence, but, in accordance with the pretrial agreement, suspended execution of confinement in excess of three months for the period of confinement served plus six months thereafter. | Docket No. 1213 | Coast Guard Court of Criminal Appeals | 9/27/2004 | 9/27/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MERRITT - 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 making a false official statement, in violation of Article 107,
Uniform Code of Military Justice (UCMJ); one specification of wrongfully using marijuana in
violation of Article 112a, UCMJ; and one specification of committing indecent acts with a
person not his wife, in violation of Article 134, UCMJ. Appellant was sentenced to a bad conduct
discharge, confinement for 120 days and reduction to pay grade E-1. | Docket No. 1214 | Coast Guard Court of Criminal Appeals | 9/30/2004 | 9/30/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MONTES - 60 MJ 759 | Appellant was tried by special court-martial, military judge alone. Pursuant to pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of nineteen specifications of violating a general order by using Coast Guard office equipment to view sexually explicit material, in violation of Article 92, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad-conduct discharge and reduction to E-3. The Convening Authority approved the sentence, which was not affected by the pretrial agreement. Before this Court, Appellant has assigned three errors. The Court heard oral argument on the assignments on 23 June 2004. We discuss them in turn, and affirm. | Docket No. 1202 | Coast Guard Court of Criminal Appeals | 11/19/2004 | 11/19/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V WEDDLE - 61 MJ 506 | Appellant was tried by a special court-martial composed of officer and enlisted members. Despite his pleas of not guilty, he was convicted of three specifications of 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 six months, forfeitures of $737 pay per month for six months, and reduction to E-1. The Convening Authority approved the sentence as adjudged. Before this Court, Appellant has assigned three errors. | Docket No. 1184 | Coast Guard Court of Criminal Appeals | 12/2/2004 | 12/2/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | LT UPHAM V CAPT J W ROLPH - ORDER | Petitioner, who is undergoing trial by a general court-martial composed of members, has
filed a petition for extraordinary relief styled as a request for relief in the nature of a writ of
mandamus. He seeks an emergency order staying proceedings in his trial until this Court rules
on the substantive issues raised in his petition for a writ of mandamus requiring the military
judge to properly instruct the members with respect to the offense of assault by means likely to
result in death or grievous bodily injury and to allow Petitioner to withdraw from a stipulation of
fact. Petitioner also moves this Court to have appellate counsel appointed to represent him. In a
separate filing, Petitioner moves this Court to attach documents to his petition for extraordinary
relief that constitute instructions to the members issued by the military judge. It is, by the Court,
this 8th day of December 2004, | MISC. DOCKET N0. 001-05 | Coast Guard Court of Criminal Appeals | 12/8/2004 | 12/8/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MILEY - 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 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; and one specification of larceny, in violation of Article 121, UCMJ. | Docket No. 1194 | Coast Guard Court of Criminal Appeals | 3/3/2004 | 3/3/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V DOBSON - 59 MJ 751 | 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
wrongfully soliciting another to violate 14 U.S.C. § 88(c) (2003) by communicating a false
distress message to the Coast Guard, in violation of Article 134, Uniform Code of Military
Justice (UCMJ). The judge sentenced Appellant to a bad-conduct discharge, confinement for
one month, reduction to E-1, and forfeiture of $767 pay for one month, which was approved by
the Convening Authority, unaffected by the pretrial agreement’s sentence terms. | Docket No. 1185 | Coast Guard Court of Criminal Appeals | 3/5/2004 | 3/5/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V ST PIERRE - 59 MJ 570 | 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 attempted introduction of Valium, a schedule IV controlled substance, onto a military installation with intent to distribute, in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of failure to go to appointed place of duty, in violation of Article 86, UCMJ; one specification of possession of marijuana, in violation of Article 112a, UCMJ; and two specifications of breaking restriction, in violation of Article 134, UCMJ. | Docket No. 1193 | Coast Guard Court of Criminal Appeals | 1/21/2004 | 1/21/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V WHITESIDE - 59 MJ 903 | Appellant was tried by special court-martial, military judge alone. Pursuant to pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of the following offenses: one specification of unauthorized absence of 283 days terminated by apprehension, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of making a false official statement, in violation of Article 107, UCMJ; and one specification of using marijuana in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for nine months, and reduction to E-1. The Convening Authority approved the sentence but suspended confinement in excess of 160 days, in accordance with the pretrial agreement. | Docket No. 1191 | Coast Guard Court of Criminal Appeals | 4/29/2004 | 4/29/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V KESSLER - PER CURIAM | Appellant was tried by special court-martial, military judge alone. Pursuant to her pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of the following offenses: one specification of physically controlling a passenger car while impaired by ecstasy, a schedule one controlled substance, in violation of Article 111, Uniform Code of Military Justice (UCMJ); and two specifications of wrongful use of ecstasy, in violation of Article 112a, UCMJ. She was also convicted of wrongfully distributing some amount of ecstasy, in violation of Article 112a, UCMJ, after pleading not guilty to that offense. | Docket No. 1190 | Coast Guard Court of Criminal Appeals | 1/6/2004 | 1/6/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MCAULEY - 59 MJ 697 | 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 found guilty of the following offenses: one specification of conspiracy to steal and wrongfully dispose of military property of the United States of a value greater than $100, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of wrongful disposition of military property of the United States of a value greater than $100, and one specification of sale of military property of a value greater than $100, in violation of Article 108, UCMJ; and one specification of larceny of military property of the United States of a value greater than $100, in violation of Article 121, UCMJ. The judge sentenced Appellant to a bad conduct discharge, confinement for fifteen months, reduction to E-1, and a $200 fine. The Convening Authority approved the adjudged sentence, but suspended all confinement in excess of eight months, pursuant to the sentence terms of the pretrial agreement. Before this Court, Appellant has assigned two errors. | Docket No. 1177 | Coast Guard Court of Criminal Appeals | 1/9/2004 | 1/9/2004 | | 10/18/2017 |