, 35812-35813 [X15-300622]

Download as PDF 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. Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35813 Actions affecting reduction in pay grade, forfeitures of pay and allowances, fines, reprimands, restrictions, and hard labor without confinement are not explicitly prohibited by this Rule. (D) The convening authority shall not disapprove, commute, or suspend any mandatory minimum sentence of dismissal or dishonorable discharge except in accordance with subsection (E) of this Rule. (E) Exceptions. (i) Trial counsel recommendation. Upon the recommendation of the trial counsel, in recognition of the substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense, the convening authority or another person authorized to act under this section shall have the authority to disapprove, commute, or suspend the adjudged sentence, in whole or in part, even with respect to an offense for which a mandatory minimum sentence exists. (ii) Pretrial agreement. If apretrial agreement has been entered into by the convening authority and the accused as authorized by R.C.M. 705, the convening authority shall have the authority to approve, disapprove, commute, or suspend a sentence, in whole or in part, pursuant to the tenns of the pretrial agreement. The convening authority may commute a mandatory sentence of a dishonorable discharge to a bad-conduct discharge pursuant to the terms of the pretrial agreement. (F) If the convening authority acts to disapprove, commute, or suspend, in whole or in part, the sentence of the court-martial 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." VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00033 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.053</GPH> tkelley on DSK3SPTVN1PROD with E0 (pp) R.C.M. ll07(d)(2) is amended to read as follows:

Agencies

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35812-35813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-300622]


[GRAPHIC] [TIFF OMITTED] TD22JN15.052


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