Page:United States Statutes at Large Volume 123.djvu/2624

 123STA T . 2 604PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9‘ ‘ (b)EXHAUSTION O FO TH ERAP PEA L S .—TheUnit e dS t a te sCour t o f A p pea l s for the D istri c t of Colu m bia Circuit ma y not re v ie w a final j ud g ment described in subsection (a) until all other appeals under this chapter have been waived or e x hausted. ‘‘(c) TI M E FOR SEE K IN GR E V IE W .—A petition for review by the United States Court of Appeals for the District of Columbia Circuit must be filed by the accused in the Court of Appeals not later than 20 days after the date on which— ‘‘( 1 ) written notice of the final decision of the United States Court of M ilitary Commission Review is served on the accused or on defense counsel or ‘‘(2) the accused submits , in the form prescribed by section 95 0c of this title, a written notice waiving the right of the accused to review by the United States Court of Military Commission Review. ‘‘(d) S C OPE AN DN ATURE OF REVIEW.—The United States Court of Appeals for the District of Columbia Circuit may act under this section only with respect to the findings and sentence as approved by the convening authority and as affirmed or set aside as incorrect in law by the United States Court of Military Commis - sion Review, and shall ta k e action only with respect to matters of law, including the sufficiency of the evidence to support the verdict. ‘‘(e) REVIEW BY SUPREME COURT.—The Supreme Court may review by writ of certiorari pursuant to section 125 4 of title 2 8 the final judgment of the United States Court of Appeals for the District of Columbia Circuit under this section. ‘ ‘ §950h.Ap p el l at e couns el ‘‘(a) APPOINTMENT.—The Secretary of Defense shall, by regula- tion, establish procedures for the appointment of appellate counsel for the United States and for the accused in military commissions under this chapter. Appellate counsel shall meet the q ualifications of counsel for appearing before military commissions under this chapter. ‘‘(b) REPRESENTATION OF UNITED STATES.—Appellate counsel appointed under subsection (a)— ‘‘(1) shall represent the United States in any appeal or review proceeding under this chapter before the United States Court of Military Commission Review; and ‘‘(2) may, when requested to do so by the Attorney G eneral in a case arising under this chapter, represent the United States before the United States Court of Appeals for the District of Columbia Circuit or the Supreme Court. ‘‘(c) REPRESENTATION OF ACCUSED.—The accused shall be rep- resented by appellate counsel appointed under subsection (a) before the United States Court of Military Commission Review, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court, and by civilian counsel if retained by the accused. Any such civilian counsel shall meet the qualifications under paragraph ( 3 ) of section 949c(b) of this title for civilian counsel appearing before military commissions under this chapter and shall be subject to the requirements of paragraph ( 7 ) of that section. Regulations.Pr o c e d ures. D eadline. N otice.