United States v. Van Dijk ( 2020 )

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
2