Page 310 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10013

offense.
(B) Concurrent or consecutive terms ofcol!finement. If a sentence includes more than
one term of confinement, the military judge shall determine whether the terms of confinement
will run concurrently or consecutively. For each term of confinement, the military judge shall
state whether the term of confinement is to run concurrently or consecutively with any other
term or terms of confinement. The terms of confinement for two or more specifications shall
mn concurrently-
(i) when each specification involves the same victim and the same act or transaction;
(ii) when provided for in a plea agreement;
(iii) when the accused is found guilty of two or more specifications and the military
judge finds that the charges or specifications are unreasonably multiplied; or
(iv) when othenvise appropriate under subsection (f); or
(v) in a special court-martial, to the extent necessary to reduce the total confinement
to the maximum confinement authorized underR.C.M. 20l(f)(2).
(C) Unitary sentencingfor other forms (?fpunishment. All punishments other than
confinement or fine available under RC.M. 1003, if any, shall be determined as a single,
unitary component of the sentence, covering all of the guilty findings in their entirety. The
military judge shall not segment those punishments among the guilty findings.
(e) Capital cases. The following applies to cases referred as capital in accordance with R.C.M.
1 004(b)(1)(A) that include a finding of guilty for a charge and specification for which death may
be adjudged.
(1) Sentencing by members.
(A) Where all of the findings of guilty are for charges and specifications for which death
may be adjudged, the members shall determine whether the sentence for each such specification
shall be death or a lesser punishment. The members shall then determine a single sentence for all
charges and specifications for which the accused was found guilty. The military judge shall
announce the sentence detennined by the members in accordance with R.C.M. 1007.
(B) Where there is a finding of t,ruilty for a specification for which death may be adjudged
and a finding of guilty for a specification for which death may not be adjudged, and the accused
elects sentencing by members under paragraph (b )(2) for those specifications for which a
sentence of death may not be adjudged:
(i) The members shall detennine whether the sentence for each specification for which
death may be adjudged shall be death or a lesser punishment;
(ii) The members shall detennine a single, unitary sentence for all the charges and
specifications for which the accused was found guilty; and
(iii) The military judge shall announce the sentence detennined by the members in
accordance with R.C.M. 1007.
(2) Sentencing by members and military judge. Unless a timely election for sentencing by
members is made by the accused under paragraph (b )(2), where there is a finding of guilty for a
specification for which death may be adjudged and a finding of guilty for a specification for
which death may not be adjudged:
(A) The members shall determine whether the sentence for each specification for which
death may be adjudged shall be death or a lesser punishment;
(B) The members shall determine a single, unitary sentence for the specifications for
which death may be adjudged;
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