Page:Title 3 CFR 2007 Compilation.djvu/247

 Executive Orders EO 13447 4 $ua $ponte by the military judge, for the purpose of inquiring into, and, when appropriate, resolving any matter that arises after trial and that substantially affects the legal sufficiency of any findings of guilty or the sentence. The military judge may also call an Article 39(a) session, upon motion of either party or Sua $ponte, to reconsider any trial ruling that substantially affects the legal sufficiency of any findings of guilty or the sentence. The military ]udge may\177 sua $ponte, at any time prior to authentication of the record of trial, enter a finding of not guilty of one or more offenses charged, or may enter a finding of not guilty of a part of a specification as long as a lesser offense charged ls alleged in the remaining portion of the specification. Prior to entering such a finding or findings, the military judge shall give each party an opportunity to be heard on the matter in a post trial Article 39(a) session." (h) R.C.M. 1102(d) is amended by deleting the last phrase of the second sentence, which reads: \177', except that no proceeding in revision may be held when any part of the sentence has been ordered executed". (i) R.C.M. 1102(e)(2) is amended by inserting the following sentence after the last sentence in R.C.M. 1102(e)(2): "Prior to the military judge sua $ponte entering a finding of not guilty of one or more offenses charged or entering a finding of not guilty of a part of a specification as long as a lesser offense charged is alleged in the remaining portion of the specification, the military judge shall give each party an opportunity to be heard on the matter." (]) R.C.M. 1204(c) (2) is amended to read as follows: "(2) Sentence requiring approval of the President. (A) If the Court of Appeals for the Armed Forces has affirmed a sentence 247

�