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S. 4784IntroducedSenate · nowHousePresidentLawIn committee
Sec. 536 · S. 4784

Clarification of court of criminal appeals review of sentencing

Division A — Department of Defense authorizations › Title V — Military personnel policy › Subtitle D — Military Justice and other legal matters

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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 (10 U.S.C. 856 note), 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.