United States v. Van Dijk

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: May 21, 2020
• Docket: 201900288
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before HITESMAN, STEWART, and GEIS Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Daniel VAN DIJK Information Systems Technician Third Class (E-4), U.S. Navy Appellant

No. 201900288

Decided: 21 May 2020

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judges: Derek Butler (arraignment) Aaron Rugh (trial)

Sentence adjudged 16 September 2019 by a general court-martial convened at Naval Base San Diego, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 42 months, 1 and a bad-conduct discharge

For Appellant: Captain Brian L. Farrell, USMC

For Appellee: Brian K. Keller, Esq.

1 The convening authority suspended confinement in excess of 33 months pursu- ant to a pretrial agreement. United States v. Van Dijk, NMCCA No. 201900288 Opinion of the Court

This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a).

PER CURIAM: After careful consideration of the record, submitted without assignment of error, we have determined that the findings and sentence are correct in law and fact and that no error materially prejudicial to Appellant’s substantial rights occurred. Articles 59 and 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866. The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court