United States v. Kendziorski

UNITED STATES COAST GUARD COURT OF CRIMINAL APPEALS UNITED STATES v.

Miles S. KENDZIORSKI

Food Service Specialist Third Class (E-4), U.S. Coast Guard CGCMG 0340

Docket No. 1439

12 June 2017

General Court-Martial convened by Commander, Fourteenth Coast Guard District. Tried at Honolulu, Hawaii, on 9 November 2015.

Military Judge: CDR Cassie A. Kitchen, USCG Trial Counsel: CDR Robert M. Pirone, USCG Assistant Trial Counsel: LCDR Gregory J. Knoll, USCG Defense Counsel: CDR Shane E. Johnson, JAGC, USN Appellate Defense Counsel: LT Philip A. Jones, USCGR Appellate Government Counsel: LT Lars T. Okmark, USCGR

BEFORE

MCCLELLAND, HAVRANEK & HERMAN

Appellate Military Judges

MCCLELLAND, Chief Judge:

Appellant was tried by general court-martial, military judge alone. Pursuant to his pleas, entered in accordance with a pretrial agreement, Appellant was convicted of one specification of possession of child pornography, in violation of Article 134, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to confinement for thirty months, reduction to E-1, forfeiture of all pay and allowances, and a bad-conduct discharge. The Convening Authority approved the sentence, but suspended confinement in excess of twenty-four months, in accordance with the pretrial agreement.

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.

United States v. Miles S. KENDZIORSKI, No. 1439 (C.G.Ct.Crim.App. 2017)

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.

Judges HAVRANEK and HERMAN concur.

For the Court,

Sarah P. Valdes Clerk of the Court