United States v. Weldin Per Curiam

UNITED STATES COAST GUARD COURT OF CRIMINAL APPEALS Washington, D.C. UNITED STATES v. Grant R. WELDIN Chief Marine Science Technician (E-7), U.S. Coast Guard CGCMG 0206 Docket No. 1245 December 2005 General Court-Martial convened by Commander, Maintenance and Logistics Command Atlantic.

Tried at Mobile, Alabama, on 14 April 2005.

Military Judge: CAPT Sharon W. Fijalka, USCG Trial Counsel: LCDR Monica L. Lombardi, USCG Assistant Trial Counsel: LT S. Dawn Woodard, USCGR Defense Counsel: LT Dillon J. Ambrose, JAGC, USNR Appellate Defense Counsel: LCDR Nancy J. Truax, USCG Appellate Government Counsel: LT D. Sean Baer, USCGR BEFORE PANEL TEN BAUM, MCCLELLAND∗, & FELICETTI Appellate Military Judges 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 one specification of violating Article 134, Uniform Code of Military Justice (UCMJ), by knowingly possessing visual depictions of minors engaged in sexually explicit conduct on computer disks that had been transported in interstate or foreign commerce, in violation of 18 U.S.C. § 2252A.

The military judge sentenced Appellant to a bad-conduct discharge, confinement for twelve months, and reduction to E-5. The Convening Authority approved the sentence as adjudged, but suspended the part of the sentence extending to a bad conduct discharge until the accused retires ∗ Judge McClelland did not participate in this decision.

United States v. Grant R. WELDIN, No. 1245 (C.G.Ct.Crim.App. 2005) from active service, at which time, unless the suspension is sooner vacated, the suspended part of the sentence will be remitted without further action.

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, the findings and sentence are determined to be 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 and partially suspended below, are affirmed.

For the Court,

Jane R. Lim Clerk of the Court