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United States v. Ramos, C.A.A.F. (2017)
United States v. Ramos, C.A.A.F. (2017)
UNITED STATES
Appellee
v.
Ernest M. RAMOS, Boatswains Mate First Class
United States Coast Guard, Appellant
No. 17-0143
Crim. App. No. 1418
Argued April 25, 2017Decided July 19, 2017
Military Judge: Eric D. Masson
For Appellant: Lieutenant Jason W. Roberts (argued).
For Appellee: Lieutenant Sharyl L. Pels (argued); Stephen
P. McCleary, Esq. (on brief).
Chief Judge ERDMANN delivered the opinion of the
court, in which Judges RYAN, OHLSON, and SPARKS,
joined. Judge STUCKY filed a separate dissenting
opinion.
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DECISION
The decision of the United States Coast Guard Court of
Criminal Appeals is reversed as to Specification 1 of Charge
II and the sentence. Specification 1 of Charge II is
dismissed. The remaining findings of guilty are affirmed.
The record of trial is returned to the Judge Advocate
General of the Coast Guard for remand to the Court of
Criminal Appeals for its determination to either reassess the
sentence or to set aside the sentence and order a rehearing.
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Judge STUCKY, dissenting