Page 350 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10053

appeal either by depositing the notice in the United States mails for delivery by first class
certified mail to the accused at an address provided by the accused, or, if the accused has not
provided an address, to the latest address listed for the accused in the official service record of
the accused. Proof of service shall be attached to the record of trial.
(A) The Judge Advocate General shall fon:vard a copy of the record of trial and
attachments required under R.C.M. 1112(f) to an appellate defense counsel who shall be
detailed to review the case, and upon request of the accused, to represent the accused before the
Court of Criminal Appeals.
(B) The record of trial and attachments required under R.C.M. 1112(f) shall be forwarded
in accordance with the procedures set forth in subparagraphs (b )(l)(A)-(C) of this rule.
(c) Reviell" qf cases not eligible for appellate review by a Court qf Criminal Appeals. General
and special courts-martial not eligible for appellate review under Article 66(b)(l) or (3) shall be
reviewed under Article 65(d)(2).
(d) Review when appellate review by a Court qfCriminal Appeals is 1vaived, withdrmvn, or not
filed In a general or special cowt-martial in which the accused waives the right to appellate
review or withdraws an appeal under Article 61, or fails to file a timely appeal in a case eligible
for review by the Court of Criminal Appeals under Article 66(b )(1 ), the case shall be reviewed
under Article 65(d)(3).

Rule 1117. Appeal of sentence by the United States
(a) In general. With the approval of the Judge Advocate General concerned, the Government
may appeal a sentence announced under R.C.M. 1007 to the Court of Criminal Appeals on the
grounds that
(1) the sentence violates the law; or
(2) the sentence is plainly unreasonable.
(b) Timing.
(1) An appeal under this rule must be tlled within 60 days after the date on which the
judgment of the court-martial is entered into the record under R.C.M. 1111.
(2) Any request for approval must be submitted in sufficient time to obtain and consider
submissions under paragraph (c)(4) ofthis rule.
(c) Approval process.
(1) A request from the Government to the Judge Advocate General for approval of an appeal
under this rule shall include a statement of reasons in support of an appeal under paragraph (a)( I)
or (a)(2), as applicable, based upon the information contained in the record before the sentencing
authority at the time the sentence was announced under R.C.M. 1007.
(2) A statement of reasons in support of an appeal under paragraph (a)(l) shall identify the
specific provisions of law at issue and the facts in the record demonstrating a violation of the law
in the announced sentence under R. C.M. 1007.
(3) A statement of reasons in support of an appeal under paragraph (a)(2) shall identify the
facts in the record that demonstrate by clear and convincing evidence that the sentence
announced under R.C.M. 1007 was plainly unreasonable because no reasonable sentencing
authority would adjudge such a sentence in view of the record before the sentencing authority at
the time the sentence was announced under R.C.M. 1007.
(4) Prior to acting on a request from the Government, the Judge Advocate General shall
transmit the request to the military judge who presided over the presentencing proceeding for
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purposes of providing the military judge, the parties, and any person who, at the time of

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