Only he will actually be out in less than 3 years, since Omar Khadr will be transferred to Canada, and released for time served:

A United States military commission at Guantánamo Bay has sentenced a former child soldier for Al Qaeda to 40 years in prison for war crimes — but he might be released in less than three years, the Defense Department said.

A panel of seven military officers at the American military base in Cuba determined on Sunday that the child soldier, Omar Khadr, 24, should be imprisoned — for terrorism-related offenses he committed in Afghanistan when he was a teenager — until he nearly reaches retirement age.

But that sentence was theoretical. Under the terms of a plea agreement, Mr. Khadr will serve no more than eight years. Moreover, after one year, Mr. Khadr, a Canadian citizen, is likely to be transferred to a prison in Canada, where he would be eligible to apply for parole after serving two years and eight months.

Seriously.

The was a show trial, with a predetermined result specifically to allow face saving on the idea of military commissions.

The proceedings are a travesty of the law and basic decency, and every individual up the chain of command who allowed this case to proceed is guilty of conspiracy to violate both US anti-torture statutes and international treaties to which the United States is a signatory.

Not feeling hopey changey right now.