Page 355 - Trump Executive Orders 2017-2021

10058 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

accordance with the standards set forth in Article 66(b )(1) and the rules prescribed under
Article 66(h).
(d) Timeliness. In order for an appeal under subsection (c) to be timely, it must be filed in
accordance with Article 66(c) and the rules prescribed under Article 66(h).
(e) Action on cases reviewed by a Court of Criminal Appeals.
(1) Fmwarding by the Judge Advocate General to the Court of Appeal5for the Armed
Forces. The Judge Advocate General may forward the decision of the Court of Criminal
Appeals to the Court of Appeals for the Armed Forces for review with respect to any matter of
law. In such a case, the Judge Advocate General shall cause a copy of the decision of the
Court of Criminal Appeals and the order forwarding the case to be served on the accused and
on appellate defense counsel. While a review of a fonvarded case is pending, the Secretary
concerned may defer further service of a sentence to confinement that has been ordered
executed in such a case.
(2) Action when sentence is set aside. In a case reviewed by it under this rule in which the
Court of Criminal Appeals has set aside the sentence and which is not forwarded to the Court
of Appeals for the Anned Forces under paragraph (e)(l), the Judge Advocate General shall
instruct an appropriate authority to modify the judgment in accordance with the decision of
the Court of Criminal Appeals. Tfthe Court of Criminal Appeals has ordered a rehearing on
sentence, the record shall be sent to an appropriate convening authority. If that convening
authority finds a rehearing impracticable that convening authority may order that a sentence of
no punishment be imposed.
(3) Action when sentence is affirmed in whole or part.
(A) Sentence requiring approval by the President. If the Court of Criminal Appeals
affirms any sentence which includes death, the Judge Advocate General shall transmit the record
of trial and the decision of the Court of Criminal Appeals directly to the Court of Appeals for the
Armed Forces when any period for reconsideration provided by the rules of the Courts of
Criminal Appeals has expired.
(B) Other cases. If the Court of Criminal Appeals affirms any sentence other than one
which includes death, the Judge Advocate General shall cause a copy of the decision of the Court
of Criminal Appeals to be served on the accused in accordance with subsection (t).
(4) Remission or suspension. If the Judge Advocate General believes that a sentence as
aff:J.nned by the Court of Criminal Appeals, other than one which includes death, should be
remitted or suspended in whole or part, the Judge Advocate General may, before taking action
under paragraphs (e)(l) or (3), transmit the record oftrial and the decision of the Court of
Criminal Appeals to the Secretary concerned with a recommendation for action under Article 74
or may take such action as may be authorized by the Secretary concerned under Article 74(a).
(5) Action when accused lacks mental capacity. In a review conducted under subsection (b) or
(c), the Court of Criminal Appeals may not affirm the proceedings w·hile the accused lacks
mental capacity to understand and to conduct or cooperate intelligently in the appellate
proceedings. In the absence of substantial evidence to the contrary, the accused is presumed to
have the capacity to understand and to conduct or cooperate intelligently in the appellate
proceedings. If a substantial question is raised as to the requisite mental capacity of the accused,
the Court of Criminal Appeals may direct an examination of the accused in accordance with
R.C.M. 706, but the examination may be limited to determining the accused's present capacity to
understand and cooperate in the appellate proceedings. The Court may further order a remand
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under R.C.M. 810(f) as may be necessary. If the record is thereafter returned to the Court of

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