, 35811-35812 [X15-290622]

Download as PDF 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. 35812 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents (2) For offenses other than those listed in subsection (c)(l) of this rule for which the maximum sentence of confinement that may be adjudged does not exceed two years without regard to the jurisdictional limits of the court, and the sentence adjudged does not include dismissal, a dishonorable discharge, bad-conduct discharge, or confinement for more than six months: (A) The convening authority may change 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; or (B) Set aside any finding of guilty and: (i) Dismiss the specification and, if appropriate, the charge; or (ii) Direct a rehearing in accordance with subsection (e) ofthis rule. (3) If the convening authority acts to dismiss or change any charge or specification for an offense, the convening authority shall provide, at the same time, a written explanation of the reasons for such action. The written explanation shall be made a part of the record of trial and action thereon." (oo) R.C.M. 1107(d)(l) is amended to read as follows: "( 1) In general. (A) The convening authority may not disapprove, commute, or suspend, in whole or in . part, any portion of an adjudged sentence of confinement for more than six months . (B) The convening authority may not disapprove, commute, or suspend that portion of an adjudged sentence that includes a dismissal, dishonorable discharge, or bad-conduct discharge. (C) The convening authority may disapprove, commute, or suspen4, in whole or in part, VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00032 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.052</GPH> tkelley on DSK3SPTVN1PROD with E0 any pmiion of an adjudged sentence when doing so is not explicitly prohibited by this Rule.

Agencies

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35811-35812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-290622]


[GRAPHIC] [TIFF OMITTED] TD22JN15.051


[[Page 35812]]