United States v. Kestler

United States Navy–Marine Corps

Court of Criminal Appeals _________________________ UNITED STATES

Appellee v.

Aaron T. KESTLER

Engineman Fireman Recruit (E-1), U.S. Navy Appellant

No. 201800331

Appeal from the United States Navy-Marine Corps Trial Judiciary. Decided: 21 March 2019.

Military Judge:

Commander Hayes C. Larsen, JAGC, USN.

Sentence adjudged 26 July 2018 by a special court-martial convened at Naval Station Norfolk, Virginia, consisting of a military judge sit- ting alone. Sentence approved by convening authority: confinement for months * and a bad-conduct discharge.

For Appellant:

Lieutenant Commander Derek C. Hampton, JAGC, USN.

For Appellee:

Brian K. Keller, Esq. _________________________ This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a).

United States v. Kestler, No. 201800331

Before WOODARD, HUTCHISON, and STEPHENS 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 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