Page 338 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10041

(A) Matters submitted by accused and crime victim. Before taking or declining to take
any action on the sentence under this rule, the convening authority shall consider matters timely
submitted under R.C.M. 1106 and 1106A, if any, by the accused and any crime victim.
(B) Additional matters. Before taking action the convening authority may consider-
(i) The Statement of Trial Results;
(ii) The evidence introduced at the court-martial, any appellate exhibits, and the
recording or transcription of the proceedings, subject to the provisions ofR.C.M. 1113 and
subparagraph (C);
(iii) The personnel records of the accused; and
(iv) Such other matters as the convening authority deems appropriate.
(C) Prohibited matters.
(i) Accused. The convening authority may not consider matters adverse to the accused
that were not admitted at the court-martial, with knowledge of which the accused is not
chargeable, unless the accused is first notified and given an opportunity to rebut.
(ii) Crime victim. The convening authority shall not consider any matters that relate to
the character of a crime victim unless such matters were presented as evidence at trial and not
excluded at trial.
(3) Timing. Except as provided in subsection (e), any action taken by the convening
authority under this rule shall be taken prior to entry of judgment. If the convening authority
decides to take no action, that decision shall be transmitted promptly to the military judge as
provided under subsection (g).
(e) Reduction o.fsentence for substantial assistance by accused
(1) in general. A convening authority may reduce, commute, or suspend the sentence of an
accused, in whole or in part, if the accused has provided substantial assistance in the criminal
investigation or prosecution of another person.
(2) Trial counsel. A convening authority may reduce the sentence of an accused under this
subsection only upon the recommendation of trial counsel who prosecuted the accused. If the
person who served as trial counsel is no longer serving in that position, or is not reasonably
available, the attorney who is primarily responsible for the investigation or prosecution in
which the accused has provided substantial assistance, and who represents the United States, is
trial counsel for the purposes of this subsection. The recommendation of trial counsel is the
decision oftrial counsel alone. No person may direct trial counsel to make or not make such a
recommendation.
(3) Who may act.
(A) Before entry of judgment, the convening authority may act on the recommendation
of trial counsel under paragraph (2).
(B) After entry of judgment, the officer exercising general court-martial jurisdiction
over the command to which the accused is assigned may act on the recommendation of trial
counsel under paragraph (2).
(4) Scope of authority. A convening authority authorized to act under paragraph (3) may
accept the recommendation of trial counsel under paragraph (2) of this subsection, and may
reduce, commute, or suspend a sentence in whole or in part, including any mandatory
minimum sentence.
(5) Limitations.
(A) A sentence of death may not be suspended under this subsection.
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(B) ill the case of a recommendation by trial counsel under paragraph (2) of this subsection

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