Page 322 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10025

outweighed by any aggravating circumstances admi ssi bl e under R. C .M. 100 1 (b)( 4 ), including
the factors under R.C.M. 1004(c), if at least one member votes to reconsider. In all other
circumstances, a vote under R.C.M. 1004(b)(4)(A) or (C) may be reconsidered only if at least a
majority of the members vote for reconsideration.
(B) Sentence Determinations.
(i) With a view toward increasing. Members may reconsider a sentence with a view
toward increasing the sentence only if at least a majority votes for reconsideration.
(ii) With a vietl' toward decreasing. Members may reconsider a sentence with a view
toward decreasing the sentence only if:
(I) In the case of a sentence which includes death, at least one member votes to
reconsider; or
(II) In the case of any other sentence, more than one-fourth of the members vote to
reconsider.
(4) Succes:rful vote. If a vote to reconsider a sentence succeeds, the procedures in R.C.M.
1006 shall apply.

Rule 1010. Notice conceming post-trial and appellate rights
In each general and special court-martial, prior to adjournment, the military judge shall
ensure that defense counsel has informed the accused orally and in writing of:
(a) The right to submit matters to the convening authority to consider before taking
action;
(b) The right to appellate review, and the effect of waiver or withdrawal of such right, or
failure to file an appeal, as applicable;
(c) The right to apply for relief from the Judge Advocate General if the case is not reviewed
by a Court of Criminal Appeals under Article 66; and
(d) The right to the advice and assistance of counsel in the exercise of the foregoing
rights or any decision to waive them.
The written advice to the accused concerning post-trial and appellate rights shall be
signed by the accused and defense counsel and inserted in the record of trial as an
appellate exhibit.

Rule 1011. Adjoumment
The military judge may adjourn the court-martial at the end of the trial of an accused or proceed
to trial of other cases referred to that court-martial. Such an adjournment may be for a definite or
indefinite period.

Rule 1101. Statement of trial results
(a) Content. After final adjournment of a general or special court-martial, the military judge shall
sign and include in the record of trial a Statement of Trial Results. The Statement of Trial Results
shall consist of the following-
(1) Findings. For each charge and specification referred to trial-
(A) a summary of each charge and specification;
(B) the plea(s) of the accused; and
(C) the finding or other disposition of each charge and specification.
(2) Sentence. The sentence of the court-martial and the date the sentence was announced by
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the court-martial, and the amount of credit, if any, applied to the sentence for pretrial

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