Page:United States Statutes at Large Volume 123.djvu/2620

 123STA T . 2 60 0 PUBLIC LA W 111 –84—O CT. 28 , 200 9‘ ‘ (C)Intaki n g a c ti o n u n der t h i sp aragraph , the con v ening authorit ym ay, in the so l e discretion o f the convening authority, approve, disapprove, commute, or suspend the sentence in w hole or in part .T he convening authority may not increase a sentence b eyond that which is found by the military commission. ‘‘( 4 ) The convening authority shall serve on the accused or on defense counsel notice of any action taken by the convening authority under this subsection. ‘‘(d) ORDE R OFR E VIS IO N OR RE H E A RIN G . — ( 1 ) S ub j ect to para - graphs ( 2 )and( 3 ), the convening authority of a military commission under this chapter may, in the sole discretion of the convening authority, order a proceeding in revision or a rehearing. ‘‘(2)( A ) Ex cept as provided in subparagraph ( B ), a proceeding in revision may be ordered by the convening authority if— ‘‘(i) there is an apparent error or omission in the record or ‘‘(ii) the record shows improper or inconsistent action by the military commission with respect to the findings or sentence that can be rectified without material prejudice to the substan- tial rights of the accused. ‘‘(B) In no case may a proceeding in revision— ‘‘(i) reconsider a finding of not guilty of a specification or a ruling which amounts to a finding of not guilty; ‘‘(ii) reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation; or ‘‘(iii) increase the severity of the sentence unless the sen- tence prescribed for the offense is mandatory. ‘‘(3) A rehearing may be ordered by the convening authority if the convening authority disapproves the findings and sentence and states the reasons for disapproval of the findings. If the con- vening authority disapproves the finding and sentence and does not order a rehearing, the convening authority shall dismiss the charges. A rehearing as to the findings may not be ordered by the convening authority when there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered by the convening authority if the convening authority disapproves the sentence. ‘ ‘ §950c.Ap p el l at e r e f erral a iv er o r wit hd rawal of appeal ‘‘(a) A UT O M ATI C REFERRA L FOR A P PELLATE REVIE W .—Except as provided in subsection (b), in each case in which the final decision of a military commission under this chapter (as approved by the convening authority) includes a finding of guilty, the convening authority shall refer the case to the U nited States Court of M ilitary Commission Review. Any such referral shall be made in accordance with procedures prescribed under regulations of the Secretary. ‘‘(b) W AIVER OF RIGHT OF REVIEW.—(1) Except in a case in which the sentence as approved under section 950 b of this title extends to death, an accused may file with the convening authority a statement expressly waiving the right of the accused to appellate review by the United States Court of Military Commission Review under section 950f of this title of the final decision of the military commission under this chapter. ‘‘(2) A waiver under paragraph (1) shall be signed by both the accused and a defense counsel. Regulations.
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