United States v. Niamah ( 2019 )

United States Navy-Marine Corps
Court of Criminal Appeals
_________________________
UNITED STATES
Appellee
v.
Daniel A. NIAMAH
Lance Corporal (E-3), U.S. Marine Corps
Appellant
No. 201800322
Appeal from the United States Navy-Marine Corps Trial Judiciary.
Decided: 17 April 2019.
Military Judge:
Lieutenant Colonel Brian E. Kasprzyk, USMC.
Sentence adjudged 28 June 2018 by a special court-martial convened
at Camp Foster, Okinawa, Japan, consisting of a military judge sitting
alone. Sentence approved by convening authority: reduction to E-1,
confinement for 12 months, 1 and a bad-conduct discharge.
For Appellant:
Major James S. Kresge, USMCR.
For Appellee:
Lieutenant George R. Lewis, JAGC, USN.
_________________________
This opinion does not serve as binding precedent under
NMCCA Rule of Appellate Procedure 30.2(a).
_________________________
1The Convening Authority suspended confinement in excess of 6 months pursu-
ant to a pretrial agreement.
United States v. Niamah, No. 201800322
Before HUTCHINSON, TANG, and GERDING,
Appellate Military Judges.
PER CURIAM:
After careful consideration of the record, submitted without assignment of
error, we have determined that the approved findings and sentence are cor-
rect in law and fact and that no error materially prejudicial to the appellant’s
substantial rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866.
The findings and sentence as approved by the convening authority are
AFFIRMED.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
2