| Coast Guard Court of Criminal Appeals | UNITED STATES V WARNER - 59 MJ 590 | Appellant was tried by special court-martial, military judge alone. Pursuant to a pretrial agreement, Appellant entered pleas of guilty to one specification of unauthorized absence in violation of Article 86, Uniform Code of Military Justice (UCMJ) and one specification of use of “MDA and MDMA (Ecstasy), a Schedule I controlled substances [sic] and MET, a Schedule II controlled substance” in violation of Article 112a, UCMJ. The military judge accepted Appellant’s pleas, entered findings of guilty to those offenses, and sentenced Appellant to a bad-conduct discharge. Appellant pled not guilty to one specification of distribution of “MDA and MDMA (Ecstasy), Schedule I controlled substances and MET, a Schedule II controlled substance.” The Government presented no evidence of that offense, and the military judge dismissed that specification prior to adjournment. The Convening Authority approved the sentence as adjudged, as allowed by the pretrial agreement. | Docket No. 1187 | Coast Guard Court of Criminal Appeals | 10/7/2003 | 10/7/2003 | | 10/5/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V RIGGS - 59 MJ 614 | 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 unauthorized absence for one day terminated by apprehension in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of wrongful use of marijuana in violation of Article 112a, UCMJ; and six specifications of larceny of a checkbook, a camera valued at $99, money in the amount of $600, $274, and two larcenies of $250, in violation of Article 121, UCMJ. | Docket No. 1186 | Coast Guard Court of Criminal Appeals | 11/7/2003 | 11/7/2003 | | 10/5/2017 |
| 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 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 | UNITED STATES V MAHONEY - 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 found guilty of the following offenses: three specifications of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of failure to obey a lawful order, in violation of Article 92, UCMJ; one specification of wrongful possession of marijuana, in violation of Article 112a, UCMJ; and one specification of assault consummated by a battery, in violation of Article 128, UCMJ.
Appellant was sentenced to a bad conduct discharge, confinement for 120 days, and reduction to E-1. The Convening Authority approved the sentence, but suspended execution of the confinement in excess of 60 days for a period of six months, in accordance with the pretrial agreement. The Convening Authority also credited Appellant with 65 days of confinement against the sentence of confinement. Before this Court, without admitting that the findings and sentence are correct in law and fact, Appellant has submitted this case on its merits as to any and all errors. | Docket No. 1183 | Coast Guard Court of Criminal Appeals | 8/27/2003 | 8/27/2003 | | 10/5/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V SUKSDORF - 59 MJ 544 | Appellant was tried by special court-martial, military judge alone. Pursuant to a pre-trial agreement, Appellant entered pleas of guilty to one specification of attempted introduction of marijuana onto a military installation in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of possession of marijuana with intent to distribute, two specifications of possession of marijuana, one specification of use of cocaine and marijuana, one specification of use of marijuana, and one specification of introducing marijuana onto a military installation in violation of Article 112a, UCMJ; and five specifications of forgery in violation of Article 123, UCMJ. The military judge accepted Appellant’s pleas, entered findings of guilty to those offenses, and sentenced Appellant to confinement for 280 days, reduction to E-1, and a bad
conduct discharge. Appellant pled not guilty to one specification of distribution of marijuana, one specification of use of marijuana, and to a charge and specification of larceny of six checks. The military judge entered findings of not guilty to those specifications after the Government did not present any evidence of those offenses. The pre-trial agreement allowed the Convening Authority to approve the sentence as adjudged, but required suspension of confinement in excess of 150 days.3 Appellant also received 41 days of Allen credit for pre-trial confinement. United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1182 | Coast Guard Court of Criminal Appeals | 9/3/2003 | 9/3/2003 | | 10/5/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V Drews - 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 found guilty of the following offenses: one specification of violating a lawful general order, in violation of Article 92 of the Uniform Code of Military Justice (UCMJ); two specifications of sodomy with a child, in violation of Article 125, UCMJ; and one specification of wrongful solicitation to commit an indecent act, two specifications of an indecent act upon a child, and two specifications of indecent liberties with a child, in violation of Article 134, UCMJ.
Appellant was sentenced to a bad conduct discharge, confinement for seven years, and reduction to pay grade E-1. The Convening Authority approved the sentence but, in accordance with the pretrial agreement, suspended execution of the confinement in excess of fifty-five months for a period of fifty-five months from the date the sentence was adjudged. Before this Court, without admitting that the findings and sentence are correct in law and fact, Appellant has submitted this case on its merits as to any and all errors. The Government, having examined the record, submits that the findings and sentence are correct in fact and law. | Docket No. 1181 | Coast Guard Court of Criminal Appeals | 7/16/2003 | 7/16/2003 | | 10/5/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BURRIS - 59 MJ 700 | 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 attempted importation into the customs territory of the United States of 500 milligrams of Methandrostenolone, a Schedule III controlled substance, in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of dereliction of duty, in violation of Article 92, UCMJ; one specification of making a false official statement, in violation of the of Article 107, UCMJ; one specification of larceny in violation of Article 121, UCMJ; three specifications of making and uttering worthless checks in violation of Article 123a, UCMJ; and two specifications of dishonorable failure to pay debts, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for 120 days, and reduction to E-1, which the Convening Authority approved, as permitted by the pretrial agreement. | Docket No. 1180 | Coast Guard Court of Criminal Appeals | 1/16/2004 | 1/16/2004 | | 10/18/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V ISAAC - 59 MJ 537.PDF | Appellant was tried by general court-martial, military judge alone. Pursuant to a pretrial agreement, Appellant entered pleas of guilty to one specification of simple assault in violation of Article 128, Uniform Code of Military Justice (UCMJ) as a lesser included offense of a charge and specification of indecent assault under Article 134, UCMJ, and to three specifications of conduct unbecoming an officer and a gentleman in violation of Article 133, UCMJ. The simple assault involved Appellant’s acts toward a female fireman (E-3) who was asleep in a female berthing area aboard USCGC MUNRO (WHEC 724) in the early morning hours during a port call in Kodiak, Alaska. The Article 133, UCMJ, violations involved Appellant “forcefully” (sic) picking up and spinning a female petty officer (E-4), “forcefully” (sic) picking up and carrying a female seaman apprentice (E-2) approximately thirty feet, and “forcefully” (sic) picking up and carrying a female petty officer (E-5) on his shoulder. The latter three acts occurred during port calls in Mazatlan, Mexico and San Diego, California. At the time of each of the offenses, Appellant was assigned as operations officer, third-highest ranking officer, on board USCGC MUNRO, a high endurance cutter with a mixed-gender crew of approximately 160. The military judge accepted Appellant’s pleas, entered findings of guilty, and sentenced Appellant to a reprimand and dismissal from the service. The Government, as required by the pretrial agreement, withdrew a number of other charges and did not attempt to prove the charge of indecent assault to which Appellant pled not guilty. The Convening Authority approved the sentence as adjudged. The pretrial agreement required disapproval of fines or forfeitures of over $5,000 and all confinement, but allowed approval of a dismissal, lesser forms of restraint, and other lawful punishments. | Docket No. 1179 | Coast Guard Court of Criminal Appeals | 8/19/2003 | 8/19/2003 | | 10/5/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V ONTIVEROS - 59 MJ 639 | Appellant was tried by general court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, he was found guilty of 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, 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 six months, and reduction to E-3. The Convening Authority approved the adjudged sentence, which was within the sentence limits of the pretrial agreement. | Docket No. 1178 | Coast Guard Court of Criminal Appeals | 11/25/2003 | 11/25/2003 | | 10/5/2017 |
| 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 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MEEK - 58 MJ 579 | Appellant was tried by special court-martial, military judge alone. He was charged with one specification of desertion in violation of Article 85, Uniform Code of Military Justice (UCMJ); one specification of missing movement by design in violation of Article 87, UCMJ; and one specification of wrongful use of marijuana in violation of Article 112a, UCMJ. Pursuant to a pretrial agreement, Appellant pled not guilty to desertion, and entered pleas of guilty to the lesser included offense of unauthorized absence terminated by apprehension in violation of Article 86, UCMJ and to the charges and specifications of missing movement by design and illegal drug use. According to a stipulation of fact and the Care1 inquiry during the trial, Appellant failed to return to USCGC BOUTWELL after a period of authorized leave, and remained absent from 18 February 2001 until 24 March 2001, when he was apprehended in Arkansas by local authorities. While absent, he missed USCGC BOUTWELL’s scheduled movement from Golfito, Costa Rica to Alameda, California and used marijuana. The military judge accepted Appellant’s pleas, and sentenced Appellant to 75 days confinement, reduction to paygrade E-1, and a bad conduct discharge. The military judge, with concurrence of both the trial counsel and trial defense counsel, determined that Appellant was entitled to credit for 53 days of pretrial confinement under United States v. Allen, 17 M.J. 126 (C.M.A. 1984). The convening authority disapproved the findings of guilt to the charge and specification of unauthorized absence, approved the remaining findings, and approved the sentence as adjudged, but suspended all confinement in excess of 60 days for a period of 12 months as provided under the pre-trial agreement. | Docket No. 1176 | Coast Guard Court of Criminal Appeals | 3/27/2003 | 3/27/2003 | | 10/5/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V PINTOS - 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, he was found guilty of one specification of desertion in violation of Article 85, Uniform Code of Military Justice (UCMJ). The judge sentenced Appellant to a bad conduct discharge (BCD), confinement for ninety days, and reduction to paygrade E-1. The convening authority approved the adjudged sentence, but suspended all confinement not already served for twelve months from the date sentence was announced, and credited Appellant with sixty-three days of pretrial confinement in accordance with United States v. Allen, 17 M.J. 126 (C.M.A. 1984). This had the effect of releasing Appellant from confinement on the day sentence was announced. | Docket No. 1175 | Coast Guard Court of Criminal Appeals | 4/25/2003 | 4/25/2003 | | 10/5/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V FREEMAN - PER CURIAM | Appellant was tried by special court-martial, judge alone. Pursuant to his guilty pleas, entered in accordance with a pretrial agreement, he was convicted of the following offenses: one specification of conspiracy with Coast Guard Fireman Apprentice James R. Frye to commit larceny of $600 from a Coast Guard shipmate, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of larceny of a shipmate's Automated Teller Machine (ATM) card, and two specifications of larceny of $100 from that shipmate, in violation of Article 121, UCMJ. The military judge sentenced Appellant to a bad conduct discharge (BCD), confinement for four months, and a fine of $300. The convening authority approved the BCD, the fine of $300, and a reduced period of confinement of 75 days, which was within the terms of the pretrial agreement. Before this Court, Appellant has assigned three errors, all of which are rejected as described below. | Docket No. 1174 | Coast Guard Court of Criminal Appeals | 3/20/2003 | 3/20/2003 | | 10/5/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V FRYE - PER CURIAM | Appellant was tried by special court-martial, judge alone. Pursuant to his guilty pleas, entered in accordance with a pretrial agreement, he was convicted of the following offenses: one specification of conspiracy with Coast Guard Seaman Recruit Aaron M. Freeman to commit larceny of $600 from a Coast Guard shipmate, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of wrongful appropriation of a shipmate's Automated Teller Machine (ATM) card, and one specification of larceny of $400 from that shipmate, in violation of Article 121, UCMJ. The military judge sentenced Appellant to a bad conduct discharge (BCD), confinement for 100 days, and a fine of $200. The convening authority approved the BCD, the fine of $200, and a reduced period of confinement of 75 days, which was within the terms of the pretrial agreement. Before this Court, Appellant has assigned two errors both of which are rejected as described below. | Docket No. 1173 | Coast Guard Court of Criminal Appeals | 3/20/2003 | 3/20/2003 | | 10/5/2017 |