United States v. Twehus

UNITED STATES COAST GUARD COURT OF CRIMINAL APPEALS Washington, D.C. UNITED STATES v. David D. TWEHUS Boatswain’s Mate Second Class (E-5), U.S. Coast Guard CGCMS 24409 Docket No. 1315 February 2010 Special Court-Martial convened by Commander, Maintenance & Logistics Command Pacific.

Tried at Seattle, Washington, on 10 July 2008 and 25 August 2008.

Military Judge: CDR Ronald J. Bald, USCG Trial Counsel: LCDR Christopher A. Tribolet, USCG Assistant Trial Counsel: LT Austin D. Shutt, USCGR Civilian Defense Counsel: Michael J. Andrews, Esq.

Detailed Defense Counsel: LT Christopher Jeter, USN Appellate Defense Counsel: LCDR Jeffery S. Howard, USCG Appellate Government Counsel: LT Alfred J. Thompson, USCGR BEFORE MCCLELLAND, MCGUIRE & CHANEY 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 two specifications of wrongful use of marijuana and one specification of wrongful introduction of marijuana onto a military installation, in violation of Article 112a, Uniform Code of Military (UCMJ). The military judge sentenced Appellant to reduction to E-3 and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged. The pretrial agreement did not affect the sentence.

United States v. David D. TWEHUS, No. 1315 (C.G.Ct.Crim.App. 2010) 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 below, are affirmed.

For the Court,

Gail M. Reese Deputy Clerk of the Court