| Coast Guard Court of Criminal Appeals | UNITED STATES V DEROV - UNPUBLISHED | Appellant was tried by special court-martial, military judge alone.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 unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ), and one specification of wrongfully using marijuana, in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, forfeiture of $800.00 per month for four months, reduction to E-1, and confinement for ninety days, which he credited with eighty-seven 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 ordered it to be executed. The pretrial agreement had no effect on the sentence. | Docket No. 1265 | Coast Guard Court of Criminal Appeals | 11/13/2007 | 11/13/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | TUSCAN V UNITED STATES (WRIT) ORDER | On 16 November 2007, Respondent filed its Answer to the Court’s Order to Show Cause with a Motion to Attach the statement of CDR Daniel Spagone, USN, Executive Officer, Naval Consolidated Brig (NAVCONBRIG), Charleston, South Carolina, dated 14 November 2007. Respondent apparently became aware of a document regarding the investigation of Petitioner’s complaint by NAVCONBRIG Charleston, and the next day filed a Motion to Attach the Report of Investigation memo, dated 26 October 2007, from NAVCONBRIG Charleston Command Investigations to the Commanding Officer.
Petitioner filed his reply on 21 November 2007 with a Motion to Attach Appendix C, which consists of a statement of Gary M. Tuscan dated 16 November 2007; a Request for Interview (DD Form 510) with attached statement dated 6 October 2007; a letter from Gary M. Tuscan to LT Robert M. Pirone, USCG, dated 12 November 2007; a Report of Investigation memo dated 26 October 2007; and a letter from Gary M. Tuscan to LT Pirone dated 1 November 2007.
It is undisputed that Petitioner has not filed a complaint under Article 138, UCMJ. Seeing no justification to relieve Petitioner of the requirement to do so, it is, by the Court, this 23rd day of November 2007, | MISC. DOCKET NO. 002-08 | Coast Guard Court of Criminal Appeals | 11/23/2007 | 11/23/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BRIDGES - 65 MJ 531 | Appellant was tried by a 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 insubordinate conduct toward a superior petty officer, in violation of Article 91, Uniform Code of Military Justice (UCMJ); one specification of wrongfully using
marijuana, one specification of wrongfully using cocaine, and one specification of wrongfully using Xanax (Alprazolam), a Schedule IV controlled substance, all 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, reduction to E-1, and confinement for 120 days,
against which he ordered credit for 104 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 applied the Allen credit against the approved confinement, but did not order the sentence executed. The pretrial agreement did not affect the sentence. | Docket No. 1233 | Coast Guard Court of Criminal Appeals | 5/18/2007 | 5/18/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V VANTERPOOL - 65 MJ 669 | 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 assault, in violation of Article 128, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to a bad-conduct discharge, confinement for sixteen months, forfeiture of all pay and allowances, and reduction to E-2. The sentence was unaffected by the pretrial agreement, and the Convening Authority approved it as adjudged. | Docket No. 1255 | Coast Guard Court of Criminal Appeals | 7/2/2007 | 7/20/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V HEDLUND - 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 nine specifications of use, three specifications of distribution, and one specification of introduction to a military vessel of various illegal drugs, all in violation of Article 112a, Uniform Code of Military Justice (UCMJ); four specifications of larceny, in violation of Article 121, UCMJ; one specification of attempted larceny, in violation of Article 80, UCMJ; two specifications of forgery, in violation of Article 123, UCMJ; one specification of unauthorized absence terminated by apprehension, in violation of Article 86, UCMJ; and one specification of missing movement, in violation of Article 87, UCMJ. | Docket No. 1261 | Coast Guard Court of Criminal Appeals | 7/11/2007 | 7/11/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V CABALLERO - 65 MJ 674 | 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, in violation of Article 86, Uniform Code of Military Justice (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 166 days, which amounted to the time served in pretrial confinement; and reduction to E-1. The sentence was unaffected by the pretrial agreement, and the Convening Authority approved it as adjudged. | Docket No. 1252 | Coast Guard Court of Criminal Appeals | 7/12/2007 | 7/12/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V WIMETT - 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 wrongful disposition of military property, in violation of Article 108, Uniform Code of Military Justice (UCMJ), and three specifications of larceny, in violation of Article 121, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for three months, and reduction to E-2. The Convening Authority approved the sentence as adjudged but suspended all confinement for one year from the date the sentence was adjudged, pursuant to the terms of the pretrial agreement. | Docket No. 1258 | Coast Guard Court of Criminal Appeals | 8/15/2007 | 8/15/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V LIND - UNPUBLISHED | This case was previously decided by this Court on 31 January 2007. The Court found, in part, that although Appellant failed to show that he was unrepresented by his trial defense counsel during any portion of the post-trial phase of the case, his defense counsel was deficient
in failing to contact Appellant regarding clemency. As a result, the Court granted relief. | Docket No. 1228 | Coast Guard Court of Criminal Appeals | 9/7/2007 | 9/7/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | MORTON V CAPT JUDGE ORDER | Petitioner, who is undergoing trial by court-martial, has filed a petition for extraordinary relief styled as a request for relief in the nature of a writ of mandamus or, in the alternative, a writ of prohibition. He seeks a stay of proceedings pending further action by this Court. He seeks a writ of mandamus directing the trial judge to grant funding for a defense investigator, compel depositions for certain witnesses, suppress the testimony of certain other witnesses, and compel the production of a complainant’s diary, or, in the alternative, to prohibit the trial from going forward until the requested relief has been granted. Petitioner also requests the appointment of appellate defense counsel to assist his civilian counsel. Petitioner also filed a Motion to Amend Brief in Support of Petition and Motion to Amend Petition on 7 September 2007. It is, by the Court, this 18th day of September, 2007, | MISC. DOCKET N0. 003-07 | Coast Guard Court of Criminal Appeals | 9/18/2007 | 9/18/2007 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V YANGER - 66 MJ 534 | 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 wrongfully using cocaine, in violation of Article 112a, Uniform Code of Military Justice (UCMJ); and one specification of involuntary manslaughter, in violation of Article 119, UCMJ. The military judge sentenced Appellant to reduction to E-1, forfeiture of all pay and allowances, confinement for six years, and a dishonorable discharge. The Convening Authority approved the sentence as adjudged and suspended the execution of confinement in excess of forty-three months for eighteen months from the date the accused is released from confinement, pursuant to the terms of the pretrial agreement. The Convening Authority also credited Appellant with 105 days of pretrial confinement pursuant to United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1271 | Coast Guard Court of Criminal Appeals | 3/21/2008 | 3/21/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V SMITH - 66 MJ 556 | Appellant was tried by general court-martial composed of members. Contrary to his pleas, Appellant was convicted of one specification of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of attempted failure to obey a lawful order, in violation of Article 80, UCMJ; one specification of sodomy, in violation of Article 125, UCMJ; one specification of extortion, in violation of Article 127, UCMJ; and one specification of indecent assault, in violation of Article 134, UCMJ. The court sentenced Appellant to a dismissal, confinement for six months, and forfeiture of all pay and allowances. The Convening Authority approved the sentence as adjudged. | Docket No. 1275 | Coast Guard Court of Criminal Appeals | 4/9/2008 | 4/9/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | GARCIA V RADM CROWLEY (WRIT) ORDER | Petitioner, who has been charged with offenses under the Uniform Code of Military Justice (UCMJ) that are scheduled to be investigated under Article 32, UCMJ, has filed a petition for extraordinary relief styled as a request for relief in the nature of a writ of mandamus or, in the alternative, a writ of prohibition.
He seeks an emergency order staying the Article 32, UCMJ, investigation pending action by this Court on the petition. He seeks a writ of mandamus ordering Respondent to detail a reporter to the investigation at no cost to the Petitioner and to provide Petitioner with a copy of the audiotapes or a transcript; or, in the
alternative, a writ of prohibition prohibiting Respondent from preventing the defense from preparing a privileged transcript of the proceeding. Petitioner also requests this Court to appoint appellate defense counsel. It is, by the Court, this 16th day of April, 2008, | MISC. DOCKET N0. 004-08 | Coast Guard Court of Criminal Appeals | 4/16/2008 | 4/16/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V RAMOS - 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 dereliction of duty, in violation of Article 92, UCMJ; one specification each of wrongful use and wrongful distribution of marijuana, in violation of Article 112a, UCMJ; and one specification of unauthorized absence, in violation of Article 86, UCMJ. The military judge sentenced Appellant to confinement for four months, reduction to E-1, forfeiture of $784 per month for four months, 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. 1272 | Coast Guard Court of Criminal Appeals | 4/30/2008 | 4/30/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BONILLA - 66 MJ 654 | 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 absenting himself and remaining absent from his place of duty, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification each of wrongfully using and distributing marijuana, in violation of Article 112a, UCMJ; and one specification of willfully damaging, without proper authority, military property of the United States, in violation of Article 108, UCMJ. Contrary to his pleas, Appellant was also convicted of one specification of wrongfully communicating a threat to kill or seriously physically injure another, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, forfeiture of all pay and allowances, reduction to E-1, and confinement for 300 days. The Convening Authority approved the sentence as adjudged. | Docket No. 1259 | Coast Guard Court of Criminal Appeals | 6/6/2008 | 6/6/2008 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V GOMEZ - 66 MJ 663.PDF | 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); one specification of unauthorized absence, in violation of Article 86, UCMJ; and one specification of obstruction of justice, in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for twenty-four months, forfeiture of all pay and allowances, 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. 1276 | Coast Guard Court of Criminal Appeals | 6/6/2008 | 6/6/2008 | | 10/30/2017 |