Page:United States Statutes at Large Volume 120.djvu/2649

 120 STAT. 2618

PUBLIC LAW 109–366—OCT. 17, 2006

‘‘(2) in any penal or correctional institution under the control of the United States or its allies, or which the United States may be allowed to use. ‘‘(b) TREATMENT DURING CONFINEMENT BY OTHER THAN THE ARMED FORCES.—Persons confined under subsection (a)(2) in a penal or correctional institution not under the control of an armed force are subject to the same discipline and treatment as persons confined or committed by the courts of the United States or of the State, District of Columbia, or place in which the institution is situated. ‘‘SUBCHAPTER VI—POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS ‘‘Sec. ‘‘950a. Error of law; lesser included offense. ‘‘950b. Review by the convening authority. ‘‘950c. Appellate referral; waiver or withdrawal of appeal. ‘‘950d. Appeal by the United States. ‘‘950e. Rehearings. ‘‘950f. Review by Court of Military Commission Review. ‘‘950g. Review by the United States Court of Appeals for the District of Columbia Circuit and the Supreme Court. ‘‘950h. Appellate counsel. ‘‘950i. Execution of sentence; procedures for execution of sentence of death. ‘‘950j. Finality or proceedings, findings, and sentences.

‘‘§ 950a. Error of law; lesser included offense ‘‘(a) ERROR OF LAW.—A finding or sentence of a military commission under this chapter may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. ‘‘(b) LESSER INCLUDED OFFENSE.—Any reviewing authority with the power to approve or affirm a finding of guilty by a military commission under this chapter may approve or affirm, instead, so much of the finding as includes a lesser included offense.

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‘‘§ 950b. Review by the convening authority ‘‘(a) NOTICE TO CONVENING AUTHORITY OF FINDINGS AND SENTENCE.—The findings and sentence of a military commission under this chapter shall be reported in writing promptly to the convening authority after the announcement of the sentence. ‘‘(b) SUBMITTAL OF MATTERS BY ACCUSED TO CONVENING AUTHORITY.—(1) The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence of the military commission under this chapter. ‘‘(2)(A) Except as provided in subparagraph (B), a submittal under paragraph (1) shall be made in writing within 20 days after the accused has been given an authenticated record of trial under section 949o(c) of this title. ‘‘(B) If the accused shows that additional time is required for the accused to make a submittal under paragraph (1), the convening authority may, for good cause, extend the applicable period under subparagraph (A) for not more than an additional 20 days. ‘‘(3) The accused may waive his right to make a submittal to the convening authority under paragraph (1). Such a waiver shall be made in writing and may not be revoked. For the purposes of subsection (c)(2), the time within which the accused may make

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