Page 340 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10043

(h) Service on accused and crime victim. If the convening authority took any action on the
sentence under this rule, a copy of such action shall be served on the accused, crime victim, or
on their respective counsel. If the action is served on counsel, counsel shall, by expeditious
means, provide the accused or crime victim with a copy. If the judgment is entered
expeditiously, service of the judgment will satisfy the requirements of this subsection.

Rule 1110. Action by convening authority in certain general and special courts-martial
(a) In general. This rule applies to the post-trial actions of the convening authority in any
general or special court-martial not specified in R.C.M. 11 09(a).
(b)Action onfindings. In any court-martial subject to this rule, action on findings is not
required; however, the convening authority may-
(1) Change a finding of guilty to a charge or specification to a finding of guilty to an offense
that is a lesser included offense of the offense stated in the charge or specification; or
(2) Set aside any finding of guilty and-
( A) Dismiss the specification and, if appropriate, the charge; or
(B) Order a rehearing in accordance with the procedures set forth in RC.M. 810.
A rehearing may not be ordered as to findings of guilty when there is a lack of sufficient
evidence in the record to support the findings of guilty of the otTense charged or of any lesser
included offense. A rehearing may be ordered, however, if the proof of guilt consisted of
inadmissible evidence for which there is available an admissible substitute. A rehearing may be
ordered as to any lesser offense included in an offense of which the accused was found guilty,
provided there is sufficient evidence in the record to support the lesser included offense.
(c) Action on sentence.
(1) 1n any court-martial subject to this mle, action on the sentence is not required; however,
the convening authority may disapprove, reduce, commute, or suspend, in whole or in part, the
court-martial sentence. If the sentence is disapproved, the convening authority may order a
rehearing on the sentence.
(2) In any court-martial subject to this mle, the convening authority, after entry ofjudgment,
may reduce a sentence for substantial assistance in accordance with the procedures under
R.C.M. 1109(e).
(d) Procedures. The convening authority shall use the same procedures as in subsections (d)
and (h) ofR.C.M. 1109 for any post-trial action on findings and sentence under this rule.
(e) Decision; forwarding of decision and related matters.
( 1) No action. If the convening authority decides to take no action on the findings or
sentence under this mle, the convening authority's staff judge advocate or legal advisor shall
notify the military judge of the decision.
(2) Action on findings. If the convening authority decides to act on the findings under this
mle, the action of the convening authority shall be in writing and shall include a written
statement explaining the reasons for the action. If a rehearing is not ordered, the affected
charges and specifications shall be dismissed by the convening authority in the action. 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 record of trial.
(3) Action on sentence. If the convening authority decides to act on the sentence under this
mle, the action of the convening authority on the sentence shall be in writing and shall include a
written statement explaining the reasons for the action. If any part of the sentence is
sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:39 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00157 Fmt 4705 138 E:\FR\FM\08MRE0.SGM 08MRE0 ER08MR18.159</GPH>
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

Sfmt 4790