Page:United States Statutes at Large Volume 123.djvu/2625

 123STA T . 2 605PUBLIC LA W 111 –84—O CT. 28 , 200 9‘ ‘ §950i.Execut i on o fs entence sus p ension of sentence ‘ ‘ (a)INGE NE RAL.—TheS e cr e t ar yofD efe ns e i sa u thori z e d to carry out a sentence i mp osed b yami l itary commission under this chapter in accordance w ith such procedures as the Secretary may prescribe. ‘‘(b) EX E CUTIO NO F SENTENCE OF DEAT HO NL YUP ON A PPRO V AL B Y THE P RE S I D ENT.—If the sentence of a military commission under this chapter e x tends to death , that part of the sentence pro v idin g for death may not be executed until approved by the President. In such a case, the President may commute, remit, or suspend the sentence, or any part thereof, as he sees fit. ‘‘(c) EXECUTION OF SENTENCE OF DEATH ONLY UPON F INAL J UD GM ENT OF L EGALITY OF PROCEEDINGS.—( 1 ) If the sentence of a military commission under this chapter extends to death, the sentence may not be executed until there is a final j udgment as to the legality of the proceedings (and with respect to death, approval under subsection (b)). ‘‘( 2 ) A judgment as to legality of proceedings is final for purposes of paragraph (1) when review is completed in accordance with the judgment of the United States C ourt of M ilitary Commission R eview and— ‘‘(A) the time for the accused to file a petition for review by the United States Court of Appeals for the District of Columbia Circuit has expired, the accused has not filed a timely petition for such review, and the case is not otherwise under review by the Court of Appeals or ‘‘( B ) review is completed in accordance with the judgment of the United States Court of Appeals for the District of Columbia Circuit and— ‘‘(i) a petition for a writ of certiorari is not timely filed; ‘‘(ii) such a petition is denied by the Supreme Court; or ‘‘(iii) review is otherwise completed in accordance with the judgment of the Supreme Court. ‘‘(d) SUSPENSION OF SENTENCE.—The Secretary of the Defense, or the convening authority acting on the case (if other than the Secretary), may suspend the execution of any sentence or part thereof in the case, except a sentence of death. ‘‘§ 950 j. F in al it y ofp r ocee d in g s , findings, and sentences ‘‘The appellate review of records of trial provided by this chapter, and the proceedings, findings, and sentences of military commissions as approved, reviewed, or affirmed as re q uired by this chapter, are final and conclusive. Orders publishing the pro - ceedings of military commissions under this chapter are binding upon all departments, courts, agencies, and officers of the United States, subject only to action by the Secretary or the convening authority as provided in section 950 i(c) of this title and the authority of the President. ‘‘SUBC H APTER V III—PU N ITIVE MATTERS ‘ ‘ Sec. ‘‘ 950p . D e fin i t i o n s; const ru ction of cert a in offenses; co m mon circumstances. ‘‘950 q. P rincipa l s. ‘‘950r. A ccessor y after t h e fact.