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U.S.C.
Notes

§853. Art. 53. Findings and sentencing — Inbound Citations

10 U.S.C. § 853

Cited by 9 provisions in release 119-102.

Citations to 10 U.S.C. § 853 as a whole

  • 10 U.S.C. § 844(c)(1)(B)
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    (B) before announcement of findings under section 853 of this title (article 53);
  • 10 U.S.C. § 844(c)(2)(B)
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    (B) before announcement of findings under section 853 of this title (article 53);
  • 10 U.S.C. § 853a(a)(1)
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    (1) Subject to paragraph (3), at any time before the announcement of findings under section 853 of this title (article 53), the convening authority and the accused may enter into a plea agreement with respect to such matters as—
    (A) the manner in which the convening authority will dispose of one or more charges and specifications; and
    (B) limitations on the sentence that may be adjudged for one or more charges and specifications.
  • 10 U.S.C. § 856(c)(1)
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    (1) In sentencing an accused under section 853 of this title (article 53), a court-martial shall impose punishment that is sufficient, but not greater than necessary, to promote justice and to maintain good order and discipline in the armed forces, taking into consideration—
    (A) the nature and circumstances of the offense and the history and characteristics of the accused;
    (B) the impact of the offense on—
    (i) the financial, social, psychological, or medical well-being of any victim of the offense; and
    (ii) the mission, discipline, or efficiency of the command of the accused and any victim of the offense;
    (C) the need for the sentence—
    (i) to reflect the seriousness of the offense;
    (ii) to promote respect for the law;
    (iii) to provide just punishment for the offense;
    (iv) to promote adequate deterrence of misconduct;
    (v) to protect others from further crimes by the accused;
    (vi) to rehabilitate the accused; and
    (vii) to provide, in appropriate cases, the opportunity for retraining and return to duty to meet the needs of the service;
    (D) the sentences available under this chapter; and
    (E) the applicable sentencing parameters or sentencing criteria set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022.
  • 10 U.S.C. § 856(c)(4)
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    (4) In announcing the sentence under section 853 of this title (article 53) in a general or special court-martial, the military judge shall, with respect to each offense of which the accused is found guilty, specify the term of confinement, if any, and the amount of the fine, if any. If the accused is sentenced to confinement for more than one offense, the military judge shall specify whether the terms of confinement are to run consecutively or concurrently.

Citations to §853(b)

  • 10 U.S.C. § 825(d)(3)
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    (3) In a capital case, if the accused is convicted of a non-capital offense, the accused shall be sentenced for such non-capital offense in accordance with section 853(b) of this title (article 53(b)), regardless of whether the accused is convicted of an offense for which the court-martial may sentence the accused to death.

Citations to §853(b)(1)

Citations to §853(c)