- (Article 57(b) provides that a member’s sentence to confinement runs from the date it is adjudged; however, it may be deferred by the convening authority under Article 57a(b); if it is not deferred, then the sentence to confinement would run concurrently with any state sentence an accused was serving; Congress has constrained the power of the convening authority to defer sentences without the request of the accused to when certain conditions are met; under the UCMJ, these prerequisites are: (1) the member is in the custody of a state or foreign county, (2) the member is temporarily returned by that state or foreign country to the armed forces for trial by court-martial, and (3) after the court-martial, the member is returned to that state or foreign country under the authority of a mutual agreement or treaty); under the cannon of statutory construction expressio unius est exclusio alterius (the inclusion of one is the exclusion of others), it follows that when Congress expressly provided for deferment when a member is in custody of a state or foreign country, it intended to exclude when a member is in custody of the federal government)
CAAF Opinion Digest · IV.E.8 · Initial Review
Deferral
3 digested opinions, 2002–2017 Terms
2017 (October Term)
2002
- Article 57, as amended, enables the convening authority, upon application by the accused, to defer adjudged forfeitures prior to taking formal action on the sentence
- an accused has the burden of showing entitlement to deferment of forfeitures or reduction in grade under Article 57(a)(2), UCMJ, 10 USC § 857(a)(2)
Source and status
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Last updated by the court: Oct 13, 2026 · mirrored Oct 29, 2026 · digest page IVE8 · Always confirm a holding against the opinion itself (linked from each case name).