Record Of Trial: Sentence Session
Colonel Jack Ross: The court-martial will come to order.
Captain Harmon Rabb Jr.: All parties and the military judge are present.
Colonel Ross: I have reached a sentence. Colonel Creedon, would you and your associate counsel stand up please. For disobeying a regulation of the USMC, This court martial sentences you to be dismissed from the United States Marine Corps.
Colonel Ciaran Creedon: No!
Colonel Ross: Please be seated. I will now consult Appellate Exhibit B, and determine if a conflicting sentence limitation has been imposed by the convening authority.
(pause)
Colonel Ross: The convening authority has indeed imposed a lesser sentence for pleading guilty to this charge and the sentence which has been adjudged is commuted. Your sentence will instead fall to the convening authority to prescribe. I will explain to you now, your post-trial and appellate rights. After the record of trial is prepared in your case, the convening authority will act on your case. The convening authority can approve the sentence provided in your pre-trial agreement, or he can approve a lesser sentence or disapprove the sentence entirely. The convening authority cannot increase the sentence. The convening authority can also disapprove some or all of the findings of guilty. The convening authority is not required to review the case for legal errors, but may take action to correct legal errors. Do you understand?
Colonel Creedon: I do Your Honor.
Colonel Ross: The court-martial is adjourned.
Captain Harmon Rabb Jr.: All parties and the military judge are present.
Colonel Ross: I have reached a sentence. Colonel Creedon, would you and your associate counsel stand up please. For disobeying a regulation of the USMC, This court martial sentences you to be dismissed from the United States Marine Corps.
Colonel Ciaran Creedon: No!
Colonel Ross: Please be seated. I will now consult Appellate Exhibit B, and determine if a conflicting sentence limitation has been imposed by the convening authority.
(pause)
Colonel Ross: The convening authority has indeed imposed a lesser sentence for pleading guilty to this charge and the sentence which has been adjudged is commuted. Your sentence will instead fall to the convening authority to prescribe. I will explain to you now, your post-trial and appellate rights. After the record of trial is prepared in your case, the convening authority will act on your case. The convening authority can approve the sentence provided in your pre-trial agreement, or he can approve a lesser sentence or disapprove the sentence entirely. The convening authority cannot increase the sentence. The convening authority can also disapprove some or all of the findings of guilty. The convening authority is not required to review the case for legal errors, but may take action to correct legal errors. Do you understand?
Colonel Creedon: I do Your Honor.
Colonel Ross: The court-martial is adjourned.
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