, 35810-35811 [X15-280622]

Download as PDF 35810 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents (ee) R.C.M. ll03A(b)(5) is inserted immediatelyafter R.C.M. 1103A(b)(4)(E)(viii) and reads as follows: "(5) Ecamination of sealed matters. For the purpose of this mle, "examination" includes reading, viewing, photocopying, photographing, disclosing, or manipulating the sealed matters in any way." (ff) R.C.M. 1105 is amended by inserting the following Note before the mle's heading: «[Note: R.C.M. 1105(b)(l) and (b)(2)(C) apply to offenses committed on or after 24 June 20 14.]" (gg) R.C.M. 1105(b)(1) is amended to read as follows: "(1) The accused may submit to the convening authority any matters that may reasonably tend to affect the convening authority's decision whether to disapprove any findings of guilty or to approve the sentence, except as maybe limited by R.C.M. 1107(b)(3)(C). The convening authority is· only required to consider written submissions." (hh) R.C.M. 1105(b)(2)(C) is amended to read as follows: '"(C) Matters in mitigation that were not available for consideration at the court-martial, except as may be limited by R.C.M. 1107(b)(3)(B); and'' (ii) R.C.M. Il07 is amended by inserting the following Note before the rule's heading: "[Note: Subsections (b)-(f) ofR.C.M. 1107 apply to offenses committed on or after 24 June 2014; however, if at least one offense in a case occurred prior to 24 June 2014, then the prior version ofRCM 1 i07 applies to all offenses in the case, except that mandatory minimum sentences under Article 56(b) and applicable mles under RCM 11 07(d)(l)(D)-(E) still apply.]" VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00030 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.050</GPH> tkelley on DSK3SPTVN1PROD with E0 (jj) R.C.M. ll07(b)(l) is amended to read as follows: Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35811 "( 1) Discretion of convening authority. Any action to be taken on the findings and sentence is within the sole discretion of the convening authority. The convening authority is not required to review the case for legal errors or factual sufficiency." (kk) R.C.M. 11 07(b)(3)(A)(iii) is amended to read as follows: "(iii) Any matters submitted by the accused under R.C.M. 1105 or, if applicable, R.C.M. 1106(f);" (Il) R.C.M. ll07(b)(3)(A)(iv) is amended to read as follows: "(iv) Any statement submitted by a crime victim pursuant to R.C.M. 11 05A and subsection (C) of this rule." (mm) R.C.M. 1107(b)(3)(B)(i) is amended to read as f~llows: "(i) The record of trial, subject to the provisions ofR.C.M. 1103A and subsection (C) of this (nn) R.C.M. 1107(c) is amended to read as follows: "(c) Action on findings. Action on the findings is not required. However, the convening authority may take action subject to .the following limitations: (1) For offenses charged under subsection (a) or (b) of Article 120, offenses charged under Article 120b, and offenses charged under Article 125: (A) The convening authority is prohibited from: (i) Setting aside any finding of guilt or dismissing a specification; or (ii) Changing a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification. (B) The convening authority may direct a rehearing in accordance with subsection (e) of VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00031 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.051</GPH> tkelley on DSK3SPTVN1PROD with E0 this rule.

Agencies

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35810-35811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-280622]


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