United States v. Earle

UNITED STATES COAST GUARD COURT OF CRIMINAL APPEALS Washington, D.C. UNITED STATES v. Shannon M. EARLE Telecommunications Specialist Third Class (E-4), U.S. Coast Guard CGCMS 24215 Docket No. 1156 January 2002 Special Court-Martial convened by Commander, Coast Guard Group/Marine Safety Office Long Island Sound. Tried at New Haven, Connecticut, on 8 May 2001.

Military Judge: CDR Thomas R. Cahill, USCG Trial Counsel: LCDR Sean P. Gill, USCG Detailed Defense Counsel: LT Vartan A. Davidian, III, JAGC, USNR Appellate Defense Counsel: CDR Jeffrey C. Good, USCG Appellate Government Counsel: LT Daniel J. Goettle, USCG BEFORE PANEL TWO BAUM, KANTOR, & PALMER Appellate Military Judges 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 violating a lawful general order, and four specifications of violating other lawful orders, in violation of Article 92 of the Uniform Code of Military Justice (UCMJ); and one specification of sodomy, in violation of Article125, UCMJ.

Appellant was sentenced to a Bad Conduct Discharge (BCD), confinement for ninety days, and reduction to E-2. Pursuant to the terms of the pretrial agreement, the Convening Authority approved only so much of the sentence as provides for a BCD and reduction to E-2.

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.

We have reviewed the record in accordance with Article 66, UCMJ. Upon such review, we have determined that the findings and sentence are correct in law and fact, and on the basis of United States v. Shannon M. EARLE, No. 1156 (C.G.Ct.Crim.App. 2002) the entire record should be approved. Accordingly, the findings and sentence, as approved below, are affirmed.

For the Court,

Kevin G. Ansley Clerk of the Court