Page 339 - Trump Executive Orders 2017-2021

10042 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

made more than one year after entry of judgment, the officer exercising general court-matiial
jurisdiction over the command to which the accused is assigned may reduce a sentence only if
the substantial assistance of the accused involved-
(i) Infonnation not known to the accused until one year or more after sentencing;
(ii) Information the usefulness of which could not reasonably have been anticipated by
the accused until more than one year after sentencing and which was promptly provided to the
Government after its usefulness was reasonably apparent to the accused; or
(iii) Information provided by the accused to the Government within one year of
sentencing, but which did not become useful to the Govemment until more than one year after
sentencing.
(6) Evaluating substantial assistance. In evaluating whether the accused has provided
substantial assistance, the trial counsel and convening authority may consider the presentence
assistance of the accused.
(7) Action qfter entr,y ofjudgment. If the officer exercising general court-martial jurisdiction
over the command to which the accused is assigned acts on the sentence of an accused after
entry of judgment, the convening authority's action shall be forwarded to the chief trial judge.
The chief trial judge, or a military judge detailed by the chief trial judge, shall modify the
judgment of the court-martial to reflect the action by the convening authority. The action by the
convening authority and the modified judgment shall be forwarded to the Judge Advocate
General and shall be included in the original record of trial. A sentence which is reduced under
this mle shall not abridge any right of the accused to appellate review.
(t) Suspension.
(1) The convening authority may suspend a sentence of a dishonorable discharge, bad-
conduct discharge, dismissal, or confinement in excess of six months, if-
( A) The Statement of Trial Results filed under R.C.M. 1101 includes a recommendation by
the military judge that the convening authority suspend the sentence, in whole or in part; and
(B) The military judge includes a statement explaining the basis for the suspension
recommendation.
(2) If the convening authority suspends a sentence under this subsection-
(A) The portion of the sentence that is to be suspended may not exceed the portion of the
sentence that the military judge recommended be suspended;
(B) The duration of the suspension may not be less than that recommended by the military
judge; and
(C) The suspended portion of the sentence may be tenninated by remission only as
provided in R.C.M. 1107(e).
(3) A sentence that is suspended under this mle shall comply with the procedures prescribed
in R.C.M. 1107(c), (d), and (e).
(g) Decision; forwarding ofdecision and related matters.
(1) No action. If the convening authority decides to take no action on the sentence under this
mle, the staff judge advocate or legal advisor shall notify the military judge of this decision.
(2) Action on sentence. If the convening authority decides to act on the sentence under
this mle, such action shall be in writing and shall include a written statement explaining the
action. If any part of the sentence is disapproved, the action shall clearly state which part or
parts are disapproved. The convening authority's staff judge advocate or legal advisor shall
forward the action with the written explanation to the military judge to be attached to the
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record of trial.

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