United States v. Molinari

UNITED STATES COAST GUARD COURT OF CRIMINAL APPEALS Washington, D.C. UNITED STATES v. Steven J. MOLINARI Operations Specialist Third Class (E-4), U.S. Coast Guard CGCMS 24398 Docket No. 1309 September 2009 Special Court-Martial convened by Commanding Officer, USCGC GALLATIN (WHEC-721).

Tried at Charleston, South Carolina, on 30 January 2008.

Military Judge: CDR Sandra J. Selman, USCG Trial Counsel: LT Benedict S. Gullo, USCGR Assistant Trial Counsel: LT Neil J. Lawson, USCGR Defense Counsel: LCDR Fernette Moore, JAGC, USN Appellate Defense Counsel: CDR Necia L Chambliss, USCGR Appellate Government Counsel: LCDR Brian K. Koshulsky, USCG BEFORE MCCLELLAND, TOUSLEY & MCTAGUE 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, Appellant was convicted of one specification of conspiracy, in violation of Article 81, Uniform Code of Military Justice (UCMJ); one specification of making a false official statement, in violation of Article 107, UCMJ; and one specification each of an indecent act and obstructing justice, in violation of Article 134, UCMJ.

The military judge sentenced Appellant to confinement for three months, reduction to E-1, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged, but suspended confinement in excess of forty-five days for six months, pursuant to the pretrial agreement.

United States v. Steven J. MOLINARI, No. 1309 (C.G.Ct.Crim.App. 2009) 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.

Decision 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,

Lane I. McClelland Chief Judge