Confinement. RCM 1003(b)(7)

  1. uscourtmartiallawyers115FY98 DOD Authorization Act created new U.C.M.J. Article 56a, creating new sentence of “confinement for life without eligibility for parole.” Applicable to any offense occurring after 18 Nov 97 that carries possible punishment of life. United States v. Ronghi , 60 M.J. 83 (2004) (holding that confinement for life without eligibility for parole was authorized punishment for accused who committed premeditated murder on January 13, 2000, which was before the President amended the MCM to incorporate Executive Order dated April 11, 2002). Sentence subject to modification only by the convening authority, or the military appellate courts, the President, or the Supreme Court.
  2. United States v. Andrade , 32 M.J. 520 (A.C.M.R. 1990). Consecutive and concurrent sentences (“life plus five years”) have never been part of military law.
  3. Instruction on Allen Credit. United States v. Balboa , 33 M.J. 304 (C.M.A. 1991). Proper for military judge to instruct panel that accused would get sixty-eight days Allen credit. Panel adjudged a BCD, confinement for twelve months and sixty-eight days .
  4. Contingent Confinement. United States v. Palmer , 59 M.J. 362 (2004). Appellant convicted of larceny of government property valued in excess of $100,000 and was sentenced to a BCD, thirty months confinement, total forfeitures, reduction to E-1, a $30,000 fine, and an additional twelve months confinement if the fine was not paid. The court held that the evidence sported a finding of “no indigency,” that the appellant was afforded the process due under RCM 1113, and that the appellant’s “untimely unilateral efforts to make partial payments” after the time for said payments expired did not create any obligation on the part of the CA to accept the payment or amend his action remitting the outstanding balance of the fine and ordering the appellant into confinement.

RCM 1003

Contingent Confinement