Page 321 - Trump Executive Orders 2017-2021

10024 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

Rule 1008. Impeachment of sentence
A sentence which is proper on its face may be impeached only when extraneous prejudicial
information was improperly brought to the attention of a member, outside influence was
improperly brought to bear upon any member, or unlawful command influence was brought to
bear upon any member.

Rule 1009. Reconsideration of sentence
(a) Reconsideration. Subject to this rule, a sentence may be reconsidered at any time before
such sentence is announced in open session ofthe court.
(b) Exceptions.
(1) lf the sentence announced in open session was less than the mandatory minimum
prescribed for an offense of which the accused has been found guilty, the court that announced
the sentence may reconsider such sentence upon reconsideration in accordance with
subsection (e) of this rule.
(2) lfthe sentence announced in open session exceeds the maximum permissible
punishment for the offense or the jurisdictional limitation of the court-martial, the sentence
may be reconsidered after announcement in accordance with subsection (e) of this rule.
(3) If the sentence announced in open session is not in accordance with a sentence
limitation in the plea agreement, if any, the sentence may be reconsidered after announcement
in accordance with subsection (e) ofthis rule.
(c) Clarification of sentence. A sentence may be clarified at any time before entry ofjudgment.
(1) Sentence determined by the military judge. When a sentence determined by the military
judge is ambiguous, the military judge shall call a session for clarification as soon as
practicable after the ambiguity is discovered.
(2) Sentence determined by members. When a sentence determined by the members is
ambiguous, the military judge shall bring the matter to the attention of the members if the
matter is discovered before the court-ma1iial is adjourned. If the matter is discovered after
adjournment, the military judge may call a session for clarification by the members as soon as
practicable after the ambiguity is discovered.
(d) Action by the convening authority. Prior to entry of judgment, if a convening authority
becomes aware that the sentence of the court-martial is ambiguous, the convening authority
shall return the matter to the court-martial for clarification. When the sentence of the court-
martial appears to be illegal, the convening authority shall return the matter to the court-martial
for correction.
(e) Reconsideration procedure. A military judge may reconsider a sentence once announced
only under the circumstances described in subsection (b). Any member of the court-martial
may propose that a sentence determined by the members be reconsidered.
(1) Instructions. When a sentence has been determined by members and reconsideration has
been initiated, the military judge shall instruct the members on the procedure for reconsideration.
(2) Voting. The members shall vote by secret written ballot in closed session whether to
reconsider a sentence already determined by them.
(3) Number R.f votes required.
(A) Neces.'i·aryfinding.'i· in capital sentencing. Members may reconsider a unanimous vote
under R.C.M. 1 004(b )(4)(A) that an aggravating factor was proven beyond a reasonable doubt
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if at least one member votes to reconsider. Members may reconsider a unanimous vote under
RC.M. 1 004(b )(4)(C) that any extenuating and mitigating circumstances are substantially

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