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Clarification of court of criminal appeals review of sentencing

Division A · Title V: MILITARY PERSONNEL POLICY · Subtitle E: Military Justice

Plain-language summaryAI

The section changes how military courts review sentences involving confinement. It prevents the court from ruling a confinement sentence as too harsh if it falls within established sentencing guidelines set by the President. It also clarifies that the court's review focuses specifically on the part of the sentence involving confinement.

AI-generated from this section’s text — a quick orientation, not a substitute for the full text below. Not legal advice.

Section Text · Sec. 546.
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(1)

by amending subparagraph (B) to read as follows:

(B)

whether the portion of the sentence extending to confinement is inappropriately severe, except that in the case of an offense for which the President has established a sentencing parameter for such portion pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the Court may not consider such portion inappropriately severe if such portion is at or below the upper range of such sentencing parameter;

(2)

in subparagraph (C), by striking the sentence and inserting the portion of the sentence extending to confinement .