Page 351 - Trump Executive Orders 2017-2021

10054 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

sentencing, was a crime victim as defined by R.C.M. 1001(c)(2)(A), with an opportunity to make
a submission addressing the statement of reasons in the Government's request.
(A) The military judge shall establish the time for the parties and crime victims to provide
such a submission to the military judge, and for the military judge to forward all submissions to
the Judge Advocate General. The military judge shall ensure that the parties have not less than 7
days to prepare, review, and transmit such submissions.
(B) Submissions under this paragraph shall not include facts beyond the record established
at the time the sentence was announced under R. C .M. 1007.
(5) The decision of the Judge Advocate General as to whether to approve a request shall be
based on the inforn1ation developed under this rule.
(6) If an appeal is approved by the Judge Advocate General and submitted to the Court of
Criminal Appeals under this rule, the following shall be included with the appeal: the statement
of approval, the Government's request and statement of reasons under paragraph ( c)(2) or (3),
and any submissions under paragraph (c)(4).
(d) Contents l?f the record l?f trial. Unless the record has been forwarded to the Court of
Criminal Appeals for review under R.C.M. 1116(b ), the record of trial for an appeal under this
rule shall consist of-
(1) any portion of the record in the case that is designated as pertinent by either of the parties;
(2) the information submitted during the presentencing proceeding; and
(3) any information required by rule or order of the Court of Criminal Appeals.
(e) Standard A sentence is plainly unreasonable if no reasonable sentencing authority would
detennine such a sentence in view of the record before the sentencing authority at the time the
sentence was announced under R. C .M. 1007.

Rule 1201. Review by the Judge Advocate General
(a) Review qf certain general and .~pecial courts-martial. Except as provided in subsection (b),
an attorney designated by the Judge Advocate General shall review:
(1) Each general and special court-martial case that is not eligible for appellate review by a
Court of Criminal Appeals under Article 66(b )( 1) or (3 ); and
(2) Each general or special court-martial eligible for appellate review by a Court of Criminal
Appeals in which the Court of Criminal Appeals does not review the case because:
(A) In a case under Article 66(b )(3 ), other than one in which the sentence includes death,
the accused withdraws direct appeal or waives the right to appellate review.
(B) In a case under Article 66(b )( 1 ), the accused does not file a timely appeal, or files a
timely appeal and then withdraws it.
(b) Exception. If the accused was found not guilty or not guilty only by reason of lack of mental
responsibility of all offenses, or if the convening authority set aside all findings of guilty, no
review under this mle is required.
(c) By >11 hom.
(1) A review conducted under this mle may be conducted by an attorney within the Office of
the Judge Advocate General or another attorney designated by the Judge Advocate General
under regulations prescribed by the Secretary concerned.
(2) No person may review a case under this mle if that person has acted in the same case as
an accuser, preliminary hearing officer, member of the court-martial, military judge, or counsel,
or has otherwise acted on behalf of the prosecution or defense.
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