| Coast Guard Court of Criminal Appeals | UNITED STATES V MONTUORO - 68 MJ 565 | 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 failure to obey a general order, in violation of Article 92, UCMJ; one specification of false official statements, in violation of Article 107, UCMJ; and one specification each of obstruction of justice and wrongfully providing a minor with alcoholic beverages, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for nine months, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. | Docket No. 1307 | Coast Guard Court of Criminal Appeals | 11/12/2009 | 11/12/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V VERDECIA - UNPUBLISHED | Appellant was tried by special court-martial, military judge alone. In accordance with a pretrial agreement, Appellant pleaded guilty to one specification of wrongful use of marijuana, in violation of Article 112a, Uniform Code of Military Justice (UCMJ); one specification of dereliction of duty by failing to provide an unadulterated urine sample, in violation of Article 92, UCMJ; and one specification of wrongful solicitation of another to make a false official statement concerning the other’s knowledge of Appellant’s marijuana use, in violation of Article 134, UCMJ. Certain findings of guilty were entered, as will be discussed. The military judge sentenced Appellant to confinement for thirty days and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement did not affect the sentence. | Docket No. 1311 | Coast Guard Court of Criminal Appeals | 11/24/2009 | 11/24/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V AMOROSO - UNPUBLISHED | Appellant was tried by general court-martial, military judge alone.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 attempting to furnish alcohol to a minor and three specifications of attempting to communicate indecent language to a minor, all in violation of Article 80, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to confinement for ten months, reduction to E-1, forfeiture of all pay and allowances, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged and suspended confinement in excess of six months for six months, pursuant to the pretrial agreement. | Docket No. 1313 | Coast Guard Court of Criminal Appeals | 12/8/2009 | 12/8/2009 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V TWEHUS - UNPUBLISHED.PDF | 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 two specifications of wrongful use of marijuana and one specification of wrongful introduction of marijuana onto a military installation, in violation of Article 112a, Uniform Code of Military (UCMJ). The military judge sentenced Appellant to reduction to E-3 and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement did not affect the sentence. | Docket No. 1315 | Coast Guard Court of Criminal Appeals | 2/4/2010 | 2/4/2010 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MARTINEZ - 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 two specifications of attempted larceny, in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of conspiring to commit larceny, in violation of Article 81, UCMJ; two specifications of failing to go to appointed place of duty, in violation of Article 86, UCMJ; one specification of failing to obey a lawful order, in violation of Article 92, UCMJ; one specification of wrongful appropriation, in violation of Article 121, UCMJ; and one specification each of receiving stolen property and public drunkenness, both in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for seventy-five days, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged, and suspended confinement in excess of fifty days for six months, pursuant to the pretrial agreement. | Docket No. 1321 | Coast Guard Court of Criminal Appeals | 2/25/2010 | 2/25/2010 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BATES - 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 violating a lawful general order, in violation of Article 92, Uniform Code of Military Justice (UCMJ); and two specifications of adultery and four specifications of using indecent language with a child under 16 years of age, all in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for six months, reduction to E-3, and a bad conduct discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement did not affect the sentence. | Docket No. 1324 | Coast Guard Court of Criminal Appeals | 3/26/2010 | 3/26/2010 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V LEMUS - UNPUBLISHED.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 committing an indecent act upon a female less than 16 years of age, in violation of Article 134, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to confinement for forty-five months, reduction to E-1, and a dishonorable discharge. The Convening Authority approved the sentence as adjudged, and suspended confinement in excess of eighteen months, pursuant to the pretrial agreement. | Docket No. 1322 | Coast Guard Court of Criminal Appeals | 3/26/2010 | 3/26/2010 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V HESTER - 68 MJ 618 | 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 fraudulent enlistment, in violation of Article 83, Uniform Code of Military Justice (UCMJ); three specifications of wrongfully using cocaine and one specification of wrongfully possessing cocaine, all in violation of Article 112a, UCMJ; and one specification of wrongfully possessing a loaded pistol while on board Naval Air Station Corpus Christi, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for five months, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged except for confinement in excess of ninety days, which was disapproved pursuant to the pretrial agreement. | Docket No. 1303 | Coast Guard Court of Criminal Appeals | 3/30/2010 | 3/30/2010 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V BEABER - 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 two specifications of attempted larceny, in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of conspiracy to commit larceny, in violation of Article 81, UCMJ; two specifications of failing to go to an appointed place of duty, in violation of Article 86, UCMJ; and one specification of making a false official statement, in violation of Article 107, UCMJ. The Military Judge sentenced Appellant to confinement for fifty-nine days, reduction to E-1, and a bad-conduct discharge. Pursuant to the pretrial agreement, the Convening Authority approved the sentence, but suspended the punitive discharge and confinement in excess of fifty days for six months. | Docket No. 1319 | Coast Guard Court of Criminal Appeals | 4/15/2010 | 4/15/2010 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MITCHELL - 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 making a false official statement, in violation of Article 107, Uniform Code of Military Justice (UCMJ); and two specifications of having sexual intercourse with a child of less than 16 years of age, one specification of abusive sexual contact with a child of less than 16 years of age, and one specification of indecent liberties with a child of less than 16 years of age, all in violation of Article 120, UCMJ. The military judge sentenced Appellant to confinement
for fifteen months, reduction to E-1, and a dishonorable discharge. The Convening Authority approved the sentence except for confinement in excess of twelve months, pursuant to the pretrial agreement. | Docket No. 1323 | Coast Guard Court of Criminal Appeals | 4/23/2010 | 4/23/2010 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V GARCIA D - 69 MJ 658 | Appellant was tried by general court-martial composed of members. Contrary to his pleas, Appellant was convicted of one specification of aggravated sexual assault upon a substantially incapacitated person, in violation of Article 120, Uniform Code of Military Justice (UCMJ), and one specification of wrongfully furnishing alcohol to minors, in violation of Article 134, UCMJ. The court sentenced Appellant to confinement for twenty-four months, forfeiture of all pay and allowances, reduction to E-1, and a dishonorable discharge. The Convening Authority approved the sentence as adjudged. | Docket No. 1317 | Coast Guard Court of Criminal Appeals | 6/3/2010 | 6/3/2010 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V MCCLARY - 68 MJ 606 | Appellant was tried by special court-martial composed of members. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of one specification of conspiracy to make a false official statement, in violation of Article 81, Uniform Code of Military Justice (UCMJ); and six specifications of signing false official records and two
specifications of making false official statements, in violation of Article 107, UCMJ. Contrary to his pleas, Appellant was also convicted of two specifications of assault and battery, in violation of Article 128, UCMJ. The panel sentenced Appellant to confinement for four months, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. | Docket No. 1312 | Coast Guard Court of Criminal Appeals | 1/19/2010 | 1/19/2010 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V SAPP - 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 two specifications of attempted larceny, in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of conspiring to commit larceny, in violation of Article 81, UCMJ; one specification of unauthorized absence, in violation of Article 86, UCMJ; one specification of larceny, in violation of Article 121, UCMJ; one specification of housebreaking, in violation of Article 130, UCMJ; and one specification of obstruction of justice, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for ninety days, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence, and suspended for six months the bad-conduct discharge, reduction below E-2, and confinement in excess of fifty days, pursuant to the pretrial agreement. | Docket No. 1318 | Coast Guard Court of Criminal Appeals | 6/7/2010 | 6/7/2010 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V NETZEL - 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 possession of child pornography, and one specification of violating 18 U.S.C. 1470 by attempting to transfer obscene material in interstate commerce to a minor, both in violation of Article 134, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to confinement for fifteen months, reduction to E-1, and a dishonorable discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement did not affect the sentence. | Docket No. 1327 | Coast Guard Court of Criminal Appeals | 6/9/2010 | 6/9/2010 | | 10/30/2017 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V DALY - 69 MJ 549 | This is a Government appeal under Article 62, Uniform Code of Military Justice (UCMJ). On 5 March 2010, the military judge dismissed the single charge under Article 134, UCMJ, and its four specifications. The Government requested reconsideration on17 March 2010, which the military judge summarily denied on 26 March 2010. The Government gave notice of appeal on 29 March 2010. On 17 May 2010, the Government filed with this Court the record of trial, which had been authenticated on 2 May 2010. The Government filed its brief on 7 June 2010. | Docket No. 001-62-10 | Coast Guard Court of Criminal Appeals | 6/14/2010 | 6/14/2010 | | 10/30/2017 |