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Sentencing Severity

Military Criminal Lawyers Can Help You File an Appeal

There are laws that regulate how severe a sentence can be for criminal offenses. In some cases, a court-martial conviction can be appealed if it is determined that the sentence was too severe.

“Congress has vested responsibility for determining sentence appropriateness in the Courts of Criminal Appeals. The power to review a case for sentence appropriateness, which reflects the unique history and attributes of the military justice system, includes but is not limited to considerations of uniformity and evenhandedness of sentencing decisions.” United States v. Durant, 55 M.J. 258, 260 (C.A.A.F. 2001) (internal citations omitted).

The Court of Appeals for the Armed Forces will independently determine whether a sentence is appropriate for the offense a defendant was convicted of. During the appeals process, an experienced military criminal attorney from Gary Myers, Daniel Conway & Associates can serve as your representative as we work together to appeal an unfair sentence.

You can discuss your case and the possibility of an appeal with our attorneys during a free consultation. Call (800) 355-1095 today.

Comparing Sentences in Similar Cases

Courts of Criminal Appeals have the discretion to consider and compare other courts-martial sentences when that Court is reviewing a case for sentence appropriateness and relative uniformity. This Court has stated that “[a]lthough we generally consider appropriateness without reference to other sentences, we are required to examine sentence disparities in closely related cases[.]” United States v. Christian, 63 M.J. 714, 717 (A.F. Ct. Crim. App. 2006) (citing Wacha, 55 M.J. at 267-68) (citations omitted).

It is up to the person filing for an appeal to point out any cases that are “closely related” and demonstrate that there is a clear discrepancy in the severity of the sentences. This is where our lawyers can help. With over 100 years of experience between our legal team, we know where to start looking for comparable cases with sentence disparities. We can bring these cases to the appellate court on your behalf and argue that the outcome of these comparable cases must be considered when reviewing your appeal.

You can discuss your case at no cost and with no-obligation during a free consultation at Gary Myers, Daniel Conway & Associates. Contact us today.

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