Page 274 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9977

the proceedings.
(2) Nfaximum punishment. If imposed by a court of inquiry, the maximum punishment that
may be imposed for contempt is a fine of $500. Otherwise the maximum punishment that may
be imposed for contempt is confinement for 30 days, a fine of $1,000, or both.
(3) Execution of sentence 1vhen imposed by court of inqui1y. A sentence of a fine pursuant to
a finding of contempt by a court of inquiry shall not become effective until approved by the
convening authority.
( 4) Execution of sentence 1"-''hen imposed by militmy judge or magistrate.
(A) A sentence of confinement pursuant to a finding of contempt by a military judge or
military magistrate shall begin to run when it is announced unless-
(i) the person held in contempt notifies the judicial officer of an intent to t11e an
appeal; and
(ii) the judicial officer, in the exercise of the judicial officer's discretion, defers the
sentence pending action by the Court of Criminal Appeals under paragraph (d)(3).
(B) A sentence of a fine pursuant to a finding of contempt by a military judge or military
magistrate shall become effective when it is announced.
(f) lr!forming person held in contempt. The person held in contempt shall be informed by the
judicial officer in writing of the holding and sentence, if any, of the judicial officer, and of the
applicable procedures and regulations concerning execution and review of the contempt
punishment. The reviewing authority shall notify the person held in contempt and of the action
of the reviewing authority upon the sentence.

Rule 810. Procedures for rehearings, new triaJs, other trials, and remands
(a) In general.
(1) Rehearings in full and new or other trials. In rehearings which require findings on all
charges and specifications referred to a court-martial and in new or other trials, the procedure
shall be the same as in an original trial except as otherwise provided in this rule.
(2) Rehearings on sentence only. In a rehearing on sentence only, the procedure shall be the
same as in an original trial, except that the portion of the procedure which ordinarily occurs after
challenges and through and including the findings is omitted, and except as otherwise provided
in this rule.
(A) Contents ofthe record. The contents of the record of the original trial consisting of
evidence properly admitted on the merits relating to each offense of which the accused stands
convicted but not sentenced may be established by any party whether or not testimony so read is
otherwise admissible under Mil. R. Evid. 804(b )(1) and whether or not it was given through an
interpreter.
(B) Plea. The accused at a rehearing only on sentence may not withdraw any plea of
guilty upon which findings of guilty are based.
(3) Combined rehearings. When a rehearing on sentence is combined with a trial on the
merits of one or more specifications referred to the court-martial, whether or not such
specifications are being tried for the first time or reheard, the trial will proceed first on the
merits. Reference to the offenses being reheard on sentence is permissible only as provided for
by the Military Rules of Evidence. The presentencing proceedings procedure shall be the same
as at an original trial, except as otherwise provided in this rule.
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(4) Additional charges. A convening authority may refer additional charges for trial
together with charges as to which a rehearing has been directed.

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