United States v. McCoy II

UNITED STATES COAST GUARD COURT OF CRIMINAL APPEALS UNITED STATES v. Jeffrey F. MCCOY Seaman Recruit (E-1), U.S. Coast Guard CGCMG 0339 Docket No. 1438 July 2017 General Court-Martial convened by Commander, Coast Guard Personnel Service Center. Tried at Alameda and San Diego, California, on 19 August and 16 October 2015.

Military Judge: CAPT Christine N. Cutter, USCG CAPT Paul Leblanc, JAGC, USN Trial Counsel: LT Emily C. Miletello, USCGR Assistant Trial Counsel: LT Tammy C. Bolin, USCGR Defense Counsel: LCDR Chad C. Temple, JAGC, USN Appellate Defense Counsel: LT Philip A. Jones, USCGR Appellate Government Counsel: LT Lars T. Okmark, USCGR BEFORE MCCLELLAND, BRUCE & JUDGE 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 six specifications of receiving and viewing child pornography, in violation of Article 134, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to ten years of confinement and a dishonorable discharge. The Convening Authority approved only so much of the sentence as provides for sixty months of confinement and a dishonorable discharge, in accordance with the pretrial agreement.

United States v. Jeffrey F. MCCOY, No. 1438 (C.G.Ct.Crim.App. 2017) Before this court, Appellant asserts that his sentence is inappropriately severe based on his offenses, his character, and his family situation. We do not see the sentence as inappropriately severe.

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,

Sarah P. Valdes Clerk of the Court