Uniform Code of Military Justice
Article 60. Sentencing Authority.
(a) Upon a finding of guilty, the Military Judge shall impose sentence in accordance with this Code and the sentencing guidelines prescribed by the Judge Advocate General.
(b) When a punitive Article provides that an offender “shall be punished as a court-martial may direct,” the Military Judge may impose any punishment made applicable to that offense by the sentencing guidelines.
(c) In determining sentence, the Military Judge may consider—
(i) the nature and circumstances of the offense;
(ii) the degree of culpability;
(iii) harm caused or threatened;
(iv) the military record of the accused when properly before the court;
(v) aggravating circumstances;
(vi) mitigating circumstances;
(vii) matters in extenuation; and
(viii) acceptance of responsibility when lawfully relevant.
(d) No commander, superior officer, Assistant Judge Advocate General, or administrative official may direct the sentence to be imposed in a particular case.