Clarification of court of criminal appeals review of sentencing

Section 866(e)(1) of title 10, United States Code (article 66(e)(1) of the Uniform Code of Military Justice), is amended— (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;; and (2) in subparagraph (C), by striking the sentence and inserting the portion of the sentence extending to confinement.

Section 866(e)(1) of title 10, United States Code (article 66(e)(1) of the Uniform Code of Military Justice), is amended— (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;; and (2) in subparagraph (C), by striking the sentence and inserting the portion of the sentence extending to confinement.