The Court-Martial Trial Practice blog notes that the Coast Guard Court’s web site has now been updated to include the court’s 2009 opinions. (Our best guess is that the court was waiting for the Chinese New Year to start posting 2009 opinions. BTW, we are now in the Year of the Ox.)
The Coast Guard Court’s updated web site also posts a new authored opinion issued on 5 February 2009. United States v. Kasprzyk, Dkt. No. 1287 (C.G. Ct. Crim. App. Feb. 5, 2009). The opinion doesn’t make it apparent whether it will be published. The case involves fairly uncontroversial discussions of the law governing conspiracy (there need not be an express agreement) and sentence comparisons. The opinion then delivers another blow to the head of the Swiderski zombie.