| Coast Guard Court of Criminal Appeals | UNITED STATES V NENNI (2024 WL 4454934) | A general court-martial of members with enlisted representation convicted Appellant, contrary to his pleas, of one specification of abusive sexual contact in violation of Article 120, Uniform Code of Military Justice (UCMJ). Appellant was sentenced to reduction to E-1, forfeiture of $1,278 per month for six months, and a bad-conduct discharge. Judgment was entered accordingly.
Appellant raises two assignments of error: (1) His due process right to timely appellate review was violated; and (2) The convening authorities violated his equal protection right when they solicited, received, and presumptively considered panel members’ race and gender in selecting who would serve on appellant’s court-martial.
We conclude there is no prejudicial error and affirm.
Decision
We determine that the findings and sentence are correct in law and fact and, on the basis of the entire record, should be approved. Accordingly, the findings of guilty and the sentence, as approved below, are affirmed. | Docket No. 1494 | Coast Guard Court of Criminal Appeals | 10/10/2024 | 10/10/2024 | | 5/19/2025 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V. GRIJALVA (2024 WL 4559274) | A general court-martial with enlisted representation convicted Appellant, contrary to his pleas, of six offenses: making a false official statement; obstructing justice; wrongfully broadcasting an intimate visual image; accessing a computer application without authority and with intent to defraud; using without authority a means of identification of another person; and creating a profile on a computer application with intent to defraud—in violation of Articles 107, 131b, and 134, Uniform Code of Military Justice (UCMJ). Appellant was sentenced to confinement for three months, reduction to E-3, and a bad-conduct discharge, and judgment was entered accordingly.
Decision
Only so much of the sentence as provides for confinement for one month, reduction to E-3, and a bad-conduct discharge is approved. We determine that the sentence, as reassessed, is correct in law and fact and, on the basis of the entire record, should be approved. Accordingly, the sentence, as reassessed, is affirmed. | Docket No. 1482 | Coast Guard Court of Criminal Appeals | 10/24/2024 | 10/24/2024 | | 10/24/2024 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V TAYLOR (2024 WL 4656849) | A special court-martial consisting of a military judge alone under Article 16(c)(2), Uniform Code of Military Justice (UCMJ), convicted Appellant, consistent with his pleas entered in accordance with a plea agreement, of one specification of failure to obey a lawful general regulation, in violation of Article 92, UCMJ. Appellant was sentenced to reduction to E-5 and restriction for 30 days. The convening authority disapproved the restriction,1 leaving only the reduction to E-5. Judgment was entered accordingly.
Before this Court, Appellant has assigned as error that Appellant’s due process right to timely appellate review was violated when the government delayed providing notice of his right to appeal and ultimately took more than a year to transmit his record of trial to this court. The delay is largely attributable to the loss of the record of trial.
Post-Trial Delay: Due Process
Appellant asserts his right to due process was violated because 460 days elapsed from the date he had the right of direct appeal until his record of trial was transmitted to this Court, including 373 days that are attributable to the Government. We disagree. | Docket No. 1503 | Coast Guard Court of Criminal Appeals | 11/4/2024 | 11/4/2024 | | 11/5/2024 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V EUBANKS (2024 WL 5058698) | A military judge sitting as a general court-martial convicted Appellant, consistent with his pleas entered in accordance with a plea agreement, of one specification of indecent exposure and one specification of conduct unbecoming an officer and gentleman, in violation of Articles 120c and 133, Uniform Code of Military Justice (UCMJ). Appellant was sentenced to pay a fine of $8,000 and a reprimand. Judgment was entered accordingly.
Decision
We determine that the findings and sentence are correct in law and fact and, on the basis of the entire record, should be approved. Accordingly, the findings of guilty and the sentence, as approved below, are affirmed | Docket No. 1500 | Coast Guard Court of Criminal Appeals | 12/11/2024 | 12/11/2024 | | 12/11/2024 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V KELLEY (2025 WL 1198116) | A general court-martial of members with enlisted representation convicted Appellant, contrary to his pleas, of possessing child pornography in violation of Article 134, Uniform Code of Military Justice (UCMJ). Appellant was sentenced to confinement for twelve months, reduction to E-1, and a dishonorable discharge. Judgment was entered accordingly.
We heard oral argument on AOEs I and V. Lumping the issues together, we first consider AOEs related to whether Appellant was acquitted (I, II, and part of VI), then those related to whether he was convicted of an offense for which he was not charged (III, IV, V, and the other part of VI), and finally sufficiency of the evidence (VII). We conclude there was no error and affirm.
Decision
We determine that the findings and sentence are correct in law and fact and, on the basis of the entire record, should be approved. Accordingly, the findings of guilty and the sentence, as approved below, are affirmed. | Docket No. 1495 | Coast Guard Court of Criminal Appeals | 4/25/2025 | 4/25/2025 | | 5/19/2025 |
| Coast Guard Court of Criminal Appeals | UNITED STATES v REIMONENQ (25 WL 1702021) | This is a Government appeal under Article 62, Uniform Code of Military Justice (UCMJ). Appellee is charged with attempted murder, two specifications of carrying a concealed weapon, and one specification of dereliction of duty. Appellee filed a motion to suppress statements he made to shipmates and separately to Coast Guard Investigative Service (CGIS) agents. The military judge granted in part and denied in part the suppression motion. The Government gave timely notice and filed this appeal.
The Government asserts:
I. The military judge abused his discretion when he found Appellee did not knowingly and intelligently waive his Article 31(b) rights; and
II. The military judge misapplied the law when he found the Appellee in custody, thereby triggering the Appellee’s Fifth Amendment rights. Furthermore, if the Appellee was in custody, the military judge abused his discretion when determining the Appellee did not
knowingly and intelligently waive his Fifth Amendment rights. | Docket No. 1509 | Coast Guard Court of Criminal Appeals | 6/18/2025 | 6/18/2025 | | 6/23/2025 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V. RAY (-- MJ ---) | A general court-martial of members with enlisted representation convicted Appellant, contrary to his pleas, of violating a general order in violation of Article 92, Uniform Code of Military Justice (UCMJ). Appellant was sentenced to reduction to E-2, 60 days of hard labor, and 60 days of restriction. Judgment was entered accordingly.
Appellant raises two assignments of error:
I. The specification of which Appellant was convicted fails to state an offense because it fails to allege specific conduct prohibited by the order; and
II. The military judge abused his discretion by improperly allowing an unsworn statement to be presented by the accuser during sentencing.
Decision
We determine that the findings and sentence are correct in law and fact and, on the basis of the entire record, should be approved. Accordingly, the findings of guilty and the sentence, as approved below, are affirmed. | Docket No. 1498 | Coast Guard Court of Criminal Appeals | 7/9/2025 | 7/9/2025 | | 7/14/2025 |
| Coast Guard Court of Criminal Appeals | UNITED STATES V. DUCKER (MERITS) | Per curiam:
A military judge sitting as a general court-martial convicted Appellant, consistent with his pleas entered in accordance with a plea agreement, of one specification of domestic violence,
one specification of child endangerment, and one specification of knowingly and wrongfully possessing a firearm in and affecting commerce, in violation of Articles 128b, 119b, and 134, Uniform Code of Military Justice (UCMJ). Appellant was sentenced to confinement for 180 days, reduction to E-1, and a bad-conduct discharge. Judgment was entered accordingly.
Decision
We determine that the findings and sentence are correct in law and fact and, on the basis of the entire record, should be approved. Accordingly, the findings of guilty and the sentence, as approved below, are affirmed. | Docket No. 1508 | Coast Guard Court of Criminal Appeals | 7/22/2025 | 7/22/2025 | | 7/23/2025 |