Summary of changes
R.C.M. 1005 — Reconsideration of sentence in noncapital cases
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole R.C.M. in one view.
0 amended
0 added
0 removed
13 unchanged
No changes recorded for this R.C.M. —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
1005(a)
unchanged
Original text
Reconsideration.
Subject to this rule, a sentence may be reconsidered at any time before such sentence is announced in open session of the court.
Current text
Reconsideration.
Subject to this rule, a sentence may be reconsidered at any time before such sentence is announced in open session of the court.
1005(b)
unchanged
Original text
Exceptions.
Current text
Exceptions.
1005(b)(1)
unchanged
Original text
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.
Current text
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.
1005(b)(2)
unchanged
Original text
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.
Current text
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.
1005(b)(3)
unchanged
Original text
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.
Current text
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.
1005(c)
unchanged
Original text
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.
Current text
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.
1005(d)
unchanged
Original text
Action by the convening authority or special trial counsel.
Current text
Action by the convening authority or special trial counsel.
1005(d)(1)
unchanged
Original text
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.
Current text
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.
1005(d)(2)
unchanged
Original text
Prior to entry of judgment in a case in which a special trial counsel has exercised authority—
Current text
Prior to entry of judgment in a case in which a special trial counsel has exercised authority—
1005(d)(2)(A)
unchanged
Original text
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.
Current text
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.
1005(d)(2)(B)
unchanged
Original text
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.
Current text
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.
1005(e)
unchanged
Original text
Limitation.
A military judge may reconsider a sentence once announced only under the circumstances described in R.C.M. 1005(b).
Current text
Limitation.
A military judge may reconsider a sentence once announced only under the circumstances described in R.C.M. 1005(b).
1005(e)|D
unchanged
Original text
See R.C.M. 1111(c) for correcting errors after entry of judgment.
Current text
See R.C.M. 1111(c) for correcting errors after entry of judgment.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.