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Sentencing and Sentencing Credit

  • militarydefenselawyers336Announcement of Sentence. RCM 1007
  • Appellate Review
  • Argument. RCM 1001(g)
  • Deliberations and Voting. RCM 1006
  • Impeachment of Sentence. RCM 1008
  • Instructions. RCM 1005
  • Introduction
    • Matters to be presented by the government
    • Personnel records reflecting character of prior service. RCM 1001(b)(2)
    • Service data relating to the accused taken from the charge sheet. RCM 1001(b)(1)
  • Permissible Punishments. RCM 1003
    • Confinement. RCM 1003(b)(7)
    • Death. RCM 1003(b)(9)
    • Fine. RCM 1003(b)(3)
    • Forfeiture of pay and allowances. RCM 1003(b)(2)
    • Maximum Punishment. See Manual for Courts-Martial, Appendix 12
    • Prior NJP for same offens
    • Punitive Separation. RCM 1003(b)(8)
    • Reduction in grade. RCM 1003(b)(4); UCMJ art. 58a
    • Reprimand. RCM 1003(b)(1)
  • Prior Convictions – Civilian And Military. RCM 1001(b)(3).
    • 2002 Amendment to RCM 1001(b)(3)(A)
    • Matters admitted into evidence during findings. RCM 1001(f)
    • RCM 1001(b)(4)
    • RCM 1001(b)(5)
    • Three-step process for analyzing sentencing matter presented by the prosecution per RCM 1001(b)
    • “Aggravation evidence” in stipulations of fact
  • Reconsideration of Sentence. RCM 1009
  • Sentence Credit
  • The Case in Extenuation and Mitigation. RCM 1001(c)
    • Matters in extenuation. RCM 1001(c)(1)(A)
    • Matters in mitigation. RCM 1001(c)(1)(B)
    • Rebuttal. RCM 1001(d)
    • Statement by the accused. RCM 1001(c)(2)
    • Witnesses. RCM 1001(e)
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    Gonzalez & Waddington, LLC
    Gonzalez and Waddington defend Army, Air Force, Navy, Marine Corps, and Coast Guard cases in the US, Germany, England, Italy, Spain, Sicily, Europe, Turkey, Bahrain, Kuwait, Iraq, Cyprus, Korea, Hawaii, Guam, and Japan.
    Phone: (866) 969-9860
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Gonzalez & Waddington, LLC
1-866-969-9860
DISCLAIMER: The act of contacting our firm does not establish an attorney-client relationship. The firm will only accept representation upon the signing of an appropriately drafted Contractual Agreement signed by an attorney from Gonzalez & Waddington and the Client.

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