Summary of changes
R.C.M. 1117 — Appeal of sentence by the United States
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
22 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
1117(a)
unchanged
Original text
In general.
With the approval of the Judge Advocate General concerned, the Government may appeal a sentence announced under R.C.M. 1007 to the Court of Criminal Appeals on the grounds that—
Current text
In general.
With the approval of the Judge Advocate General concerned, the Government may appeal a sentence announced under R.C.M. 1007 to the Court of Criminal Appeals on the grounds that—
1117(a)(1)
unchanged
Original text
The sentence violates the law;
Current text
The sentence violates the law;
1117(a)(2)
unchanged
Original text
The sentence is a result of an incorrect application of sentencing parameters or criteria established under Article 56(c); or
Current text
The sentence is a result of an incorrect application of sentencing parameters or criteria established under Article 56(c); or
1117(a)(3)
unchanged
Original text
The sentence is plainly unreasonable.
Current text
The sentence is plainly unreasonable.
1117(b)
unchanged
Original text
Timing.
Current text
Timing.
1117(b)(1)
unchanged
Original text
An appeal under this rule must be filed within 60 days after the date on which the judgment of the court-martial is entered into the record under R.C.M. 1111.
Current text
An appeal under this rule must be filed within 60 days after the date on which the judgment of the court-martial is entered into the record under R.C.M. 1111.
1117(b)(2)
unchanged
Original text
Any request for approval must be submitted in sufficient time to obtain and consider submissions under R.C.M. 1117(c)(5).
Current text
Any request for approval must be submitted in sufficient time to obtain and consider submissions under R.C.M. 1117(c)(5).
1117(c)
unchanged
Original text
Approval process.
Current text
Approval process.
1117(c)(1)
unchanged
Original text
A request from the Government to the Judge Advocate General for approval of an appeal under this rule shall include a statement of reasons in support of an appeal under R.C.M. 1117(a)(1), (a)(2), or (a)(3), as applicable, based upon the information contained in the record before the sentencing authority at the time the sentence was announced under R.C.M. 1007.
Current text
A request from the Government to the Judge Advocate General for approval of an appeal under this rule shall include a statement of reasons in support of an appeal under R.C.M. 1117(a)(1), (a)(2), or (a)(3), as applicable, based upon the information contained in the record before the sentencing authority at the time the sentence was announced under R.C.M. 1007.
1117(c)(2)
unchanged
Original text
A statement of reasons in support of an appeal under R.C.M. 1117(a)(1) shall identify the specific provisions of law at issue and the facts in the record demonstrating a violation of the law in the announced sentence under R.C.M. 1007.
Current text
A statement of reasons in support of an appeal under R.C.M. 1117(a)(1) shall identify the specific provisions of law at issue and the facts in the record demonstrating a violation of the law in the announced sentence under R.C.M. 1007.
1117(c)(3)
unchanged
Original text
A statement of reasons in support of an appeal under R.C.M. 1117(a)(2) shall identify parameters or criteria at issue and the facts supporting how parameters or criteria were applied incorrectly.
Current text
A statement of reasons in support of an appeal under R.C.M. 1117(a)(2) shall identify parameters or criteria at issue and the facts supporting how parameters or criteria were applied incorrectly.
1117(c)(4)
unchanged
Original text
A statement of reasons in support of an appeal under R.C.M. 1117(a)(3) shall identify the facts in the record that demonstrate by clear and convincing evidence that the sentence announced under R.C.M. 1007 was plainly unreasonable.
Current text
A statement of reasons in support of an appeal under R.C.M. 1117(a)(3) shall identify the facts in the record that demonstrate by clear and convincing evidence that the sentence announced under R.C.M. 1007 was plainly unreasonable.
1117(c)(5)
unchanged
Original text
Prior to acting on a request from the Government, the Judge Advocate General shall transmit the request to the military judge who presided over the presentencing proceeding for purposes of providing the military judge, the parties, and any person who, at the time of sentencing, was a crime victim as defined by R.C.M. 1001(c)(2)(A), with an opportunity to make a submission addressing the statement of reasons in the Government’s request.
Current text
Prior to acting on a request from the Government, the Judge Advocate General shall transmit the request to the military judge who presided over the presentencing proceeding for purposes of providing the military judge, the parties, and any person who, at the time of sentencing, was a crime victim as defined by R.C.M. 1001(c)(2)(A), with an opportunity to make a submission addressing the statement of reasons in the Government’s request.
1117(c)(5)(A)
unchanged
Original text
The military judge shall establish the time for the parties and crime victims to provide such a submission to the military judge and for the military judge to forward all submissions to the Judge Advocate General. The military judge shall ensure that the parties have not less than 7 days to prepare, review, and transmit such submissions.
Current text
The military judge shall establish the time for the parties and crime victims to provide such a submission to the military judge and for the military judge to forward all submissions to the Judge Advocate General. The military judge shall ensure that the parties have not less than 7 days to prepare, review, and transmit such submissions.
1117(c)(5)(B)
unchanged
Original text
Submissions under this paragraph (R.C.M. 1117(c)(5)) shall not include facts beyond the record established at the time the sentence was announced under R.C.M. 1007.
Current text
Submissions under this paragraph (R.C.M. 1117(c)(5)) shall not include facts beyond the record established at the time the sentence was announced under R.C.M. 1007.
1117(c)(6)
unchanged
Original text
The decision of the Judge Advocate General as to whether to approve a request shall be based on the information developed under this rule.
Current text
The decision of the Judge Advocate General as to whether to approve a request shall be based on the information developed under this rule.
1117(c)(7)
unchanged
Original text
If an appeal is approved by the Judge Advocate General and submitted to the Court of Criminal Appeals under this rule, the following shall be included with the appeal: the statement of approval, the Government’s request and statement of reasons under R.C.M. 1117(c), and any submissions under R.C.M. 1117(c)(5).
Current text
If an appeal is approved by the Judge Advocate General and submitted to the Court of Criminal Appeals under this rule, the following shall be included with the appeal: the statement of approval, the Government’s request and statement of reasons under R.C.M. 1117(c), and any submissions under R.C.M. 1117(c)(5).
1117(d)
unchanged
Original text
Contents of the record of trial.
Unless the record has been forwarded to the Court of Criminal Appeals for review under R.C.M. 1116(b), the record of trial for an appeal under this rule shall consist of—
Current text
Contents of the record of trial.
Unless the record has been forwarded to the Court of Criminal Appeals for review under R.C.M. 1116(b), the record of trial for an appeal under this rule shall consist of—
1117(d)(1)
unchanged
Original text
Any portion of the record in the case that is designated as pertinent by either of the parties;
Current text
Any portion of the record in the case that is designated as pertinent by either of the parties;
1117(d)(2)
unchanged
Original text
The information submitted during the presentencing proceeding; and
Current text
The information submitted during the presentencing proceeding; and
1117(d)(3)
unchanged
Original text
Any information required by rule or order of the Court of Criminal Appeals.
Current text
Any information required by rule or order of the Court of Criminal Appeals.
1117(d)(3)|D
unchanged
Original text
For Appellant’s right to counsel in cases reviewed by a Court of Criminal Appeals, see R.C.M. 1202. For action on cases following review by a Court of Criminal Appeals, see R.C.M. 1203(e).
Current text
For Appellant’s right to counsel in cases reviewed by a Court of Criminal Appeals, see R.C.M. 1202. For action on cases following review by a Court of Criminal Appeals, see R.C.M. 1203(e).
“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.