APPEAL BY THE UNITED STATES.

SEC. 5326. APPEAL BY THE UNITED STATES. Section 862 of title 10, United States Code (article 62 of the Uniform Code of Military Justice), is amended— (1) in paragraph (1) of subsection (a)— (A) in the matter before subparagraph (A), by striking “court-martial” and all that follows through the colon at the end and inserting “general or special court-martial, or in a pretrial proceeding under section 830a of this title (article 30a), the United States may appeal the following:”; and (B) by adding at the end the following new subparagraph: “(G) An order or ruling of the military judge entering a finding of not guilty with respect to a charge or specification following the return of a finding of guilty by the members.” ; (2) in paragraph (2) of subsection (a)— (A) by striking “(2)” and inserting “(2)(A)”; and (B) by adding at the end the following new subparagraph: “(B) An appeal of an order or ruling may not be taken when prohibited by section 844 of this title (article 44).” ; and (3) by adding at the end the following: “(d) The United States may appeal a ruling or order of a military magistrate in the same manner as had the ruling or order been made by a military judge, except that the issue shall first be presented to the military judge who designated the military magistrate or to a military judge detailed to hear the issue. “(e) The provisions of this section shall be liberally construed to effect its purposes.” .