10 U.S.C. § 953
Remission or suspension of sentence; restoration to duty; reenlistment
Notes of Decisions
Cited in 7
cases, 1986–2018 · leading case: United States v. Hutchins, 72 M.J. 294 (C.A.A.F. 2013).
United States v. Hutchins, 72 M.J. 294 (C.A.A.F. 2013). “First, the Secretary of the Navy’s authority to commute, remit, or suspend all or part of a sentence is found in Articles 71 and 74, UCMJ, as well as in 10 U.S.C. § 953 (2006). In the present case, the record is not clear whether the exercise or failure to exercise clemency in…”
United States v. Olinger, 45 M.J. 644 (N.M.C.C.A. 1997). “§ 874 , or through a Secretarial “system” pursuant to 10 U.S.C. § 953 . It is clear from paragraph 3 of the SECNAVINST that the NCPB is the “system” established by the Secretary of the Navy pursuant to 10 U.”
United States v. Pena, 61 M.J. 776 (A.F.C.C.A. 2005). “10 U.S.C. § 953 . It is apparent from the legislation enacted in 10 U.”
United States v. Kinney, 22 M.J. 872 (1986). “§ 874 as well as under 10 U.S.C. § 953 (1982). See generally, Senate Report No.”
United States v. Cabble, 38 M.J. 654 (1993). “See also 10 U.S.C. § 953 (directs service secretaries to establish, as part of correctional program, a system for suspending sentences); United States v.”
United States v. Hutchins (N.M.C.C.A. 2018). “74 Clemency is available to service members primarily through three statutory avenues: Article 60, UCMJ; Article 74, UCMJ; and 10 U.S.C. § 953 . Article 60, UCMJ, requires a CA to consider matters an accused submits in clemency before taking action on the findings and sentence…”
United States v. Hutchins (C.A.A.F. 2013). “First, the Secretary of the Navy’s authority to commute, remit, or suspend all or part of a sentence is found in Articles 71 and 74, UCMJ, as well as in 10 U.S.C. § 953 (2006). In the present case, the record is not clear whether the exercise or failure to exercise clemency in…”
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