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 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 (757) 401-6365 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 Daniel Conway & Associates. Contact us today.
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Daniel Conway Partner
For the better part of the last decade, Mr. Conway has become a nationally recognized resource on military justice. Daniel Conway is a former Marine staff sergeant and captain. He is a proud graduate of the University of Texas at San Antonio and University of New Hampshire School of Law. Mr. Conway is recently a former President of the New Hampshire Bar Association Military Law Section and a current member of the DC Bar. Mr. Conway has also written a book on Military Crimes and Defenses that is near publication with a major ...Read More
Gary Myers Partner
Gary Myers is a former JAG officer and one of the most experienced civilian military defense counsel in the country. He attended the University of Delaware where he received his undergraduate degree in chemical engineering in 1965. Gary Myers served as president of his freshman, sophomore and junior classes and went on in his senior year to be president of the student body. Gary Myers then attended the Pennsylvania State University, Dickinson School of Law, and graduated in 1968. Gary Myers paid his way through law school by ...Read More
Brian Pristera Attorney
A Richmond, Virginia native, Mr. Pristera graduated from Virginia Commonwealth University with a degree in Mechanical Engineering. After spending some time as a DuPont engineer, specifically working on Kevlar manufacturing and ballistics applications, Mr. Pristera attended law school at the University of New Hampshire. On July 4, 2010, Mr. Pristera was commissioned in the U.S. Army in the Judge Advocate General’s Corps. Mr. Pristera spent almost six years on active duty. He spent just over three of those years in criminal defense, ...Read More
Joseph Galli Attorney
Originally from Portland, Maine, Mr. Galli attended Elmira College in New York on a four-year Army ROTC Scholarship. At Elmira, he double majored in Business Administration and Public Affairs. Mr. Galli graduated from Elmira College in 2009 with a Bachelor of Science degree and was Commissioned as a Second Lieutenant in the United States Army. Mr. Galli began his study of the law in 2009 at the University of New Hampshire School of Law. There, he focused on litigation and honed his advocacy skills as a member of the Advanced Trial ...Read More
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