Page 323 - Trump Executive Orders 2017-2021
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10026        Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents


                 confinement or for other reasons. If the accused was convicted of more than one specification
                 and any part of the sentence was determined by a military judge, the Statement of Trial Results
                 shall also specify-
                       ( A) the contlnement and tine for each specification, if any;
                       (B) whether any term of confinement is to run consecutively or concurrently with any
                 other term(s) of confinement;
                       (C) the total amount of any fine(s) and the total amount of any confinement, after
                 accounting for any credit and any terms of confinement that are to run consecutively or
                 concurrently.
                    (3) Forum.  The type of court-martial and the command by which it was convened.
                    (4) Plea agreements. In a case with a plea agreement, the statement shall specify any
                 limitations on the punishment as set forth in the plea agreement.
                    (5) SuvJension recommendation. Tfthe military judge recommends that any portion ofthe
                 sentence should be suspended, the statement shall specify-
                       ( A) the portion(s) of the sentence to which the recommendation applies;
                       (B) the minimum duration of the suspension; and
                       (C) the facts supporting the suspension recommendation.
                    (6) 01her it~formation. Any additional information directed by the military judge or required
                 under regulations prescribed by the Secretary concerned.
                 (b) Not guilty only hy reason (?flack of mefllal re.~ponsihility. If an accused was found not guilty
                 only by reason of lack of mental responsibility of any charge or specitlcation, the military judge
                 shall sign the Statement of Trial Results only after a hearing is conducted under R.C.M.  1105.
                 (c) Abatement. If the military judge abated the proceedings and the court-martial adjourned
                 without a disposition as to at least one specitlcation, the military judge shall include a brief
                 explanation as to the reasons for abatement in the record of trial. If all charges are subsequently
                 withdrawn, dismissed, or otherwise disposed of, the military judge shall sign a Statement of Trial
                 Results in accordance with this rule.
                 (d) Distribution.  Trial counsel shall promptly provide a copy of the Statement of Trial Results to
                 the accused's immediate commander, the convening authority or the convening authority's
                 designee, and, if appropriate, the oflicer in charge of the confinement facility. A copy of the
                 Statement of Trial Results shall be provided to the accused or to the accused's defense counsel.
                 If the statement is served on defense counsel, defense counsel shall, by expeditious means,
                 provide the accused with a copy. A copy of the Statement of Trial Results shall be provided to
                 any crime victim or victim's counsel in the case, without regard to whether the accused was
                 convicted or acquitted of any offense.


                 Rule 1102. Execution and effective date of sentences
                 (a) In general. Except as provided in subsection (b), a sentence is executed and takes effect as
                 follows:
                    (1) General and special courts-martial. In the case of a general or special court-martial, a
                 sentence is executed and takes effect when the judgment is entered into the record under
                 R.C.M.  1111.
                    (2) Summary courts-martial.  In the case of a summary court-martial, a sentence is executed
                 and takes effect when the convening authority acts on the sentence.
                 (b) F.xceptions.
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                    (I) Fm:feitures and reductions. Unless deferred under R.C.M.  1103 or suspended under
                 R.C.M.  1107, that part of an adjudged sentence that includes forfeitures or confinement is

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