Coast Guard Court of Criminal Appeals | UNITED STATES V YANGER - 68 MJ 540 | 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 | 9/4/2009 | 9/4/2009 | | 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 ABDUL-RAHMAN - 59 MJ 924 | 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: four specifications of failure to obey a lawful general order by engaging in sexually explicit behavior with four different females on board USCGC RUSH, and one specification of violating a lawful general order by wrongfully possessing alcohol aboard USCGC RUSH, in violation of Article 92, Uniform Code of Military Justice (UCMJ); one specification of sodomy with a female third class cadet, in violation of Article 125, UCMJ; one specification of unlawfully entering a female berthing area with the intent to commit a criminal offense, in violation of Article 130, UCMJ; and two specifications of indecent acts with another, in violation of Article 134, UCMJ. The judge sentenced Appellant to a bad-conduct discharge and confinement for 180 days, which was approved by the Convening Authority, unaffected by the pretrial agreement. | Docket No. 1192 | Coast Guard Court of Criminal Appeals | 5/14/2004 | 5/14/2004 | | 10/18/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V KAHALLEY - 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 the following offenses: one specification of conspiracy, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of breach of peace, in violation of Article 116, UCMJ; one specification of assault with a dangerous weapon, in violation of Article 128, UCMJ; and one specification each of resisting civil apprehension and reckless endangerment, both in violation of Article 134, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for two years, 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. 1283 | Coast Guard Court of Criminal Appeals | 1/23/2009 | 1/23/2009 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V JOHNSON - 65 MJ 919 | 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 dereliction of duty, in violation of Article92, Uniform Code of Military Justice (UCMJ); one specification of willful and wrongful damage to personal property owned by another, in violation of Article 109, UCMJ; and one specification each of wrongful use, wrongful distribution, and wrongful introduction of cocaine onto a vessel, aircraft, vehicle, or installation used by the armed forces, all in violation of Article 112a, UCMJ. The military judge sentenced Appellant to a bad-conduct discharge, confinement for eighteen months, and reduction to E-1. After announcing the sentence, the military judge credited Appellant with 127 days of Allen credit for pretrial confinement served between 25 January 2005 and the date of trial. United States v. Allen, 17 M.J. 126 (C.M.A. 1984). Under the terms of the pretrial agreement, the Convening Authority approved the sentence as adjudged but suspended all confinement in excess of fourteen months for twelve months from the date the accused is released from confinement. | Docket No. 1254 | Coast Guard Court of Criminal Appeals | 2/7/2008 | 2/7/2008 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V HEWITT 61 MJ 703 | 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 forcible sodomy, in violation of Article 125, Uniform Code of Military Justice (UCMJ); two specifications of indecent assault and one specification of wrongfully providing alcoholic beverage to an individual under the age of twenty-one years, in violation of Article 134, UCMJ.
The judge sentenced Appellant to a dishonorable discharge, confinement for eighty-four months, and reduction to E-1. The Convening Authority approved the sentence as adjudged but suspended confinement in excess of sixty months for twelve months from the date of Appellant’s release from confinement as required by the pretrial agreement. The Convening Authority also credited Appellant with six days of pretrial confinement pursuant to United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1220 | Coast Guard Court of Criminal Appeals | 3/30/2005 | 3/30/2005 | | 10/24/2017 |
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 SULLIVAN - 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 the following offenses: one specification of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of false official statement, in violation of Article 107, UCMJ ; one specification of wrongfully distributing cocaine and two
specifications of wrongfully using cocaine, all in violation of Article 112a, UCMJ; two specifications of larceny, in violation of Article 121, UCMJ; and one specification of violating 18 U.S.C. § 922(j) by selling a stolen firearm transported in interstate commerce, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for seven months, reduction to E-1, forfeiture of all pay and allowances, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement did not affect the sentence. | Docket No. 1293 | Coast Guard Court of Criminal Appeals | 3/26/2009 | 3/26/2009 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V CONOVER - 61 MJ 681 | 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: three specifications of wrongful use of marijuana, one specification of wrongful distribution of marijuana, one specification of wrongful use of cocaine, and one specification of wrongful distribution of Oxycontin, all in violation of Article 112a, Uniform Code of Military Justice (UCMJ); three specifications of carnal knowledge in violation of Article 120, UCMJ; one specification of assaulting a petty officer in violation of Article 128, UCMJ; and one specification of violating 18 U.S.C. § 2423 by knowingly transporting a person under the age of eighteen from North Carolina to Virginia to engage in sexual activity, one specification of wrongfully and falsely altering a U.S. Armed Forces identification card, one specification of committing an indecent act on the body of a female under sixteen years of age, two specifications of breaking restriction, and two specifications of unlawfully entering the berthing room of a female seaman, all in violation of Article 134, UCMJ. | Docket No. 1217 | Coast Guard Court of Criminal Appeals | 7/28/2005 | 7/28/2005 | | 10/24/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V SCHRADER 60 MJ 830 | 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: two specifications of violating a lawful general regulation by wrongfully engaging in sexually intimate behavior with a female Third Class Petty Officer and a female Second Class Petty Officer at various locations at the U.S. Coast Guard Training Center Cape May, New Jersey, and two specifications of dereliction of duty by willfully failing to maintain a proper military relationship with a female Second Class Petty Officer and a female Seaman Apprentice, in violation of Article 92, Uniform Code of Military Justice (UCMJ); one specification of maltreatment of a female Seaman, in violation of Article 93, UCMJ; and two specifications of wrongfully impeding an investigation into his alleged offenses, in violation of Article 134, UCMJ. | Docket No. 1197 | Coast Guard Court of Criminal Appeals | 1/10/2005 | 1/10/2005 | | 10/24/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V COKER - 67 MJ 571 | 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: two specifications of attempt to commit indecent liberties with a child, in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of fraudulent appointment,
in violation of Article 83, UCMJ; one specification of assault consummated by a battery against a child, in violation of Article 128, UCMJ; two specifications of conduct unbecoming an officer, in
violation of Article 133, UCMJ; and four specifications of indecent acts or indecent liberties with a child, one specification of violating 18 U.S.C. § 2252A by receiving child pornography, and one
specification of kidnapping, all in violation of Article 134, UCMJ. The military judge sentenced Appellant to dismissal from the Coast Guard, total forfeitures, and confinement for thirty years,
against which he ordered credit for 132 days of pretrial confinement. The Convening Authority approved the sentence as adjudged, suspended the confinement in excess of twelve years until six months after Appellant is released from confinement, pursuant to the pretrial agreement, and applied 132 days of pretrial confinement credit against the approved confinement in accordance with United States v. Allen, 17 M.J. 126 (C.M.A. 1984). | Docket No. 1280 | Coast Guard Court of Criminal Appeals | 11/21/2008 | 11/21/2008 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V. CORREA (MERITS) | 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 failing to obey a lawful order by wrongfully possessing drug paraphernalia in government housing, in violation of Article 92, Uniform Code of Military Justice (UCMJ); two specifications of false official statements, in violation of Article 107, UCMJ; five specifications of distribution, possession with intent to distribute, introduction, and use of a controlled substance, in violation of Article 112a, UCMJ; and one specification of conduct of a nature to bring discredit upon the armed forces, in violation of Article 134, UCMJ. The military judge sentenced Appellant to confinement for twelve months, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence. The pretrial agreement did not affect the sentence. | Docket No. 0368 | Coast Guard Court of Criminal Appeals | 5/15/2019 | 5/15/2019 | | 5/21/2019 |
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 BLAIR - 67 MJ 566 | 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 violating a lawful general order, in violation of Article 92, Uniform Code of Military Justice (UCMJ); nine specifications of making a false official statement, in violation of Article 107, UCMJ; one specification of neglectful damage to military property, in violation of Article 108, UCMJ; and the following in violation of Article 134, UCMJ: one specification of wrongfully recruiting for, soliciting membership in, and promoting activities of the Ku Klux
Klan while publicly displaying an affiliation with the Armed Services; one specification of violating Massachusetts General Laws, Chapter 269 § 10(m) and 18 U.S.C. § 13 by wrongfully
possessing a large capacity firearm; one specification of violating Massachusetts General Laws, Chapter 269 § 10(h) and 18 U.S.C. § 13 by wrongfully possessing seven dangerous weapons; one specification of violating 26 U.S.C. §§ 5845(a), 5861(d), and 5871 by unlawfully knowingly receiving and possessing a firearm that is a destructive device (an explosive bomb); one specification of being drunk and disorderly; three specifications of wrongfully endeavoring to impede an investigation; and one specification of willfully and unlawfully altering a public record. The military judge sentenced Appellant to a bad-conduct discharge, confinement for one year, and reduction to E-3. The sentence was unaffected by the pretrial agreement, and the Convening Authority approved it as adjudged. | Docket No. 1278 | Coast Guard Court of Criminal Appeals | 11/13/2008 | 11/13/2008 | | 10/30/2017 |
Coast Guard Court of Criminal Appeals | UNITED STATES V HOLLAND - 68 MJ 576 | 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 two specifications of distributing cocaine, in violation of Article 112a, Uniform Code of Military Justice (UCMJ); and one specification each of indecent acts with a minor, indecent exposure, and wrongfully providing alcohol to minors, all in violation of Article 134, UCMJ. The military
judge sentenced Appellant to confinement for fifteen months, forfeiture of all pay and allowances, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement had no effect on the sentence. | Docket No. 1301 | Coast Guard Court of Criminal Appeals | 12/8/2009 | 12/8/2009 | | 10/30/2017 |