Chapter X · Sentencing
R.C.M. 1005. Reconsideration of sentence in noncapital cases
2024 Manual for Courts-Martial, United States
See all changes(a) Reconsideration. Subject to this rule, a sentence may be reconsidered at any time before such sentence is announced in open session of the court.
(b) Exceptions.
(1) If the sentence announced in open session was less than the mandatory minimum prescribed for an offense of which the accused has been found guilty, the court that announced the sentence may reconsider such sentence.
(2) If the sentence announced in open session exceeds the maximum permissible punishment for the offense or the jurisdictional limitation of the court-martial, the court that announced the sentence may reconsider such sentence.
(3) If the sentence announced in open session is not in accordance with a sentence limitation in the plea agreement, if any, the court that announced the sentence may reconsider such sentence.
(c) Clarification of sentence. A sentence may be clarified at any time before entry of judgment. When a sentence determined by the military judge is ambiguous, the military judge shall call a session for clarification as soon as practicable after the ambiguity is discovered.
(d) Action by the convening authority or special trial counsel.
(1) Prior to entry of judgment, if a convening authority becomes aware that the sentence of the court-martial is ambiguous, the convening authority shall return the matter to the court-martial for clarification. When the sentence of the court-martial appears to be illegal, the convening authority shall return the matter to the court-martial for correction.
(2) Prior to entry of judgment in a case in which a special trial counsel has exercised authority—
(A) if the special trial counsel becomes aware that the sentence of a court-martial is ambiguous, the special trial counsel shall make a binding determination that the convening authority return the matter to the court-martial for clarification.
(B) if the sentence of the court-martial appears to be illegal, the special trial counsel shall make a binding determination that the convening authority shall return the matter to the court-martial for correction.
(e) Limitation. A military judge may reconsider a sentence once announced only under the circumstances described in R.C.M. 1005(b).
Discussion
See R.C.M. 1111(c) for correcting errors after entry of judgment.